Unfair, Wrongful and 
Constructive Dismissal

It can be extremely upsetting and stressful if you feel you have been wrongly dismissed by your employer or are facing disciplinary action at work. Likewise, it can be hard to know what to do next if you have resigned due to a workplace dispute or mistreatment.

Bridge McFarland LLP has a formidable employment team consisting solely of specialist employment lawyers dedicated to handling claims for employees and employers. Our employment lawyers in Grimsby, Hull, Lincoln, Market Rasen and Louth can help you.

Do you need legal advice about Constructive, Unfair or Wrongful Dismissal claims? Contact any of our offices today or call 0800 987 8800.  

Unfair or Constructive Dismissal Solicitors Yorkshire and Lincolnshire

We can advise employees on all matters relating to unfair, wrongful, or constructive dismissal, disciplinary action, grievances, discrimination and much more.

As an employee, you have several legal rights if you have continuously worked for an employer for at least two years (and some from day one). Under these employment law rights, you cannot be dismissed without a fair reason, and these include:

• Capability
• Conduct
• Redundancy
• Breach of statute
• Some other substantial reason (SOSR)

Your dismissal can also be deemed unfair if your employer hasn’t adhered to the company’s formal disciplinary or dismissal process.

Your dismissal can also be deemed to be automatically unfair, where it will not matter how long you have worked for your employer, if you believe your dismissal was due to matters such as:

• Being dismissed because you are pregnant or on maternity leave.
• If you were dismissed due to raising concerns or taking action over a health and safety issue at work.
• Being dismissed for ‘whistleblowing’.
• If you were dismissed for trying to assert one of your statutory employment rights.
• Transfer of undertakings – if you have been dismissed because a new owner takes over the business you work for.

Constructive dismissal, also known as constructive unfair dismissal, is where a situation at work or your employer’s conduct forces you to resign. There can be several reasons you felt you were forced to leave your job, including failure to be paid by your employer, discrimination, harassment, or bullying in the workplace, or a fundamental breakdown of the employment relationship.

If you are facing an employment law dispute or are seeking legal advice on whether to make a claim, please get in touch with our team of experienced employment lawyers.  

Making a Constructive or Unfair Dismissal Claim

Before making a claim, you must follow certain procedures – including the Early Conciliation process called Advisory, Conciliation and Arbitration Service ‘ACAS’ – and be aware of the time limits which may apply to your case, so seeking legal advice as soon as possible is always advisable. We can provide advice and guidance on the various processes involved, including ACAS, and help you through these stages, ensuring you are aware of your rights and chances of success in making a claim. We will also give you a breakdown of how long it might take and how expensive it might be.

Where possible, we work towards settling disputes before they reach Employment Tribunals through determined and skilled negotiation. When you cannot resolve your dispute during early conciliation, we are confident in pursuing matters through to the Employment Tribunal to put forward a claim when a settlement has yet to be reached.  

Get in touch with our Employment Law team today

Do you need legal advice about Constructive, Unfair or Wrongful Dismissal claims? Contact any of our offices today or call 0800 987 8800.  

Our Fees

We will always ensure that you are fully aware of any fees involved, and where possible, we will work to a range of fixed costs depending on your requirements. You can view our employment law fees by clicking on the link below: 

Click here for our transparent costs. 

Frequently Asked Questions about Unfair, Wrongful and Constructive Dismissal