At TV Edwards, our experienced employment solicitors provide practical, commercially focused advice to employers who are facing unfair dismissal and constructive dismissal claims.
Employment tribunal claims are often costly and time-consuming, disrupting businesses in unforeseen ways. By obtaining early legal advice, an employer can more easily assess the risks, protect their position and develop an effective strategy for resolving disputes.
We are trusted business employment solicitors in London and across the UK, regularly assisting businesses with defending unfair dismissal claims, responding to constructive dismissal allegations and navigating through tribunal proceedings.
Whether you are dealing with a former employee’s claim or seeking advice before actually making a dismissal decision, our team can help you.
Need Advice on Defending Unfair Dismissal Claims? Contact Us Today
Early legal advice can help you and your business improve your position when you are responding to an employment tribunal claim.
Our solicitors can help you:
- Assess the strength of a claim
- Review dismissal procedures and evidence
- Develop a defence strategy
- Represent your business in tribunal proceedings
- Assist in negotiating an amicable settlement in the claim.
Speak to our team today for clear and bespoke legal advice for your business.
Defending Unfair Dismissal Claims
An unfair dismissal claim arises when an employee alleges that they were dismissed without a fair reason or that their employer failed to follow a fair procedure.
Successfully defending unfair dismissal claims often depends on you demonstrating that:
- There was a potentially fair reason for dismissal
- A reasonable investigation was carried out
- A fair procedure was followed
- The decision fell within the range of reasonable responses that were available to you
The earlier legal advice is obtained, the easier it is to preserve the evidence and to identify any potential risks before they escalate.
Our employment solicitors can assess the circumstances of a dismissal and provide you with practical guidance on the most effective strategy going forward.
[H3] Understanding Constructive Dismissal Claims
A constructive dismissal claim arises when an employee resigns because they believe that their employer has committed a serious breach of the employment contract.
These claims will often involve allegations that the employer has fundamentally damaged the relationship of trust and confidence between the parties.
It is typical for constructive dismissal claims to be complex and highly fact-specific. Employers should seek specialist advice as soon as any concerns are raised in order to minimise the legal risk and strengthen their position.
Dismissing Employees with Less Than Two Years’ Service
In most circumstances, employees require two years of continuous service before they can bring an unfair dismissal claim. However, there are important exceptions to this rule.
Claims that involve issues such as discrimination, whistleblowing, health and safety concerns or certain statutory rights may be brought regardless of length of service.
For this reason, employers should not assume that dismissing an employee with less than two years’ service is risk-free. Obtaining legal advice before taking action can help avoid costly disputes.
[H3] What Can Lead to a Constructive Dismissal Claim?
Constructive dismissal claims can arise where an employee believes that their employer has fundamentally breached the employment contract. Some examples might include:
- Unilateral changes to contractual terms
- Significant reductions in salary without an agreement
- Changes to working hours without consultation
- Failure to address workplace bullying or harassment
- Serious breaches of trust and confidence
Not every workplace disagreement will amount to constructive dismissal, but employers should take concerns seriously and seek advice where it is appropriate.
Employment Tribunal Time Limits
Employees must generally bring unfair dismissal and constructive dismissal claims within three months less one day of the relevant act. This is usually calculated from the effective date of termination, the end of a notice period or the date of resignation in constructive dismissal cases.
Time limits may be extended in certain circumstances, including where ACAS Early Conciliation applies.
Related Employment Services
How Our Solicitors Can Help
Our employment solicitors provide strategic support throughout the process of defending unfair dismissal claims and responding to constructive dismissal allegations. We can:
- Assess the merits of a claim
- Review dismissal procedures and documentation
- Prepare tribunal responses and evidence
- Represent your business during negotiations
- Defend claims in employment tribunal proceedings
- Explore settlement options where they are appropriate
Our advice is commercially focused and designed to protect your business while minimising disruption.
Why Choose TV Edwards?
- Highly ranked in legal directories – Legal 500 and Chambers UK
- Immediate emergency support – call us on 0203 440 8000
- Specialist representation
- Hardworking problem-solvers – we fearlessly challenge evidence, protecting your interests
- Honest and down-to-earth – we explain your options compassionately and in plain English
Contact Our Solicitors Today
Unfair Dismissal FAQs for Employers
What is an unfair dismissal claim?
An unfair dismissal claim arises when an employee alleges they were dismissed without a fair reason or that a fair procedure was not followed. Employers must be able to demonstrate both substantive and procedural fairness when making dismissal decisions.
How can employers defend unfair dismissal claims?
In many cases, employees require two years’ continuous service to bring an unfair dismissal claim. However, important exceptions exist, including claims that involve discrimination and harassment.
Can employees with less than two years’ service bring a claim?
In many cases, employees require two years of continuous service to bring an unfair dismissal claim. However, important exceptions exist, including claims that involve discrimination and whistleblowing.
What is constructive dismissal?
Constructive dismissal occurs when an employee resigns because they believe that their employer has committed a serious breach of employment contract. These claims can arise from issues like unauthorised contract changes, discrimination or workplace harassment.
