Unfair Dismissal Legal Advice in London

Our expert team can assist you in determining whether you have the basis to bring an unfair or constructive dismissal claim.

What is an unfair dismissal claim?

A claim for unfair (or wrongful) dismissal is one whereby you are unfairly dismissed by your employer (by virtue of there being no valid reason for dismissal and/or that your employer failed to follow a correct dismissal procedure).

What is a constructive dismissal claim?

A claim for constructive dismissal is one whereby you resign from your position but contend that it was due to a serious breach of the employment contract on the part of your employer.

Determining if it’s a wrongful dismissal or constructive dismissal

There are a number of factors which must be taken into account when deciding whether or not a dismissal is unfair and/or whether your employer has seriously breached the employment contract enough to give rise to a claim for constructive dismissal.

Our expert team can help you assess, at an early stage, whether you have grounds to bring a constructive or unfair dismissal claim and support you in pursuing a resolution.

Why solicitors are important in unfair & constructive dismissal claims

It can be a stressful time dealing with unfair or constructive dismissal. On top of that, determining whether your dismissal was lawful or not can be overwhelming and complex.

Our experienced unfair and constructive dismissal lawyers are experts in gathering evidence, identifying what constitutes constructive or unfair termination, and keeping you updated every step of the way.

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Can I be dismissed more easily if I’ve been employed for less than 2 years?

At present, unless falling within one of the exceptions, you must have a minimum service of 2 years with your employer before you are able to bring a claim for unfair or constructive dismissal. However, whilst this may lead some employers to believe that they can therefore merely dismiss anyone who has less than 2 years’ service without worry, this is not necessarily the case.

It is important to note that there are some exceptions to this “2-year rule”. For example, in circumstances whereby you are claiming that you have been discriminated against.

Employers and employees may also wish to consider entering into a Settlement Agreement as an alternative to dismissal and to avoid the need for lengthy and costly employment tribunal proceedings.

It is also important to note that the new Labour Government is seeking to bring in further protections for employees so the “2-year rule” may soon be something of the past. The Employment Rights Act 2025 will be making changes to the 2-year rule for ordinary unfair dismissal and constructive dismissal claims changing to 6 months from January 2027.

Common employer behaviours that lead to constructive dismissal

Constructive dismissal can be claimed when an employer has treated you “so badly” that you had no reasonable choice other than to resign. This can happen for contractual reasons (such as non-payment of wages), but it can also be if you have been subjected to discrimination, victimisation or harassment in the workplace.

Some examples of some behaviour which could potentially give rise to a claim for constructive dismissal are outlined below:

Forcing an employee to work in unsafe conditions.

An employer unilaterally changing your terms of employment.
Reducing your salary and/or altering your working hours without prior agreement.
Non-payment or persistent late payment of wages.
Unjustified demotion without prior notice.
Unreasonable disciplinary action without a fair process.
Behaviours towards you that may constitute workplace bullying or harassment and which are not reasonably dealt with by your employer.

Common examples of unfair dismissal

There are many scenarios that could lead to unfair dismissal. Here are some common examples of unfair dismissal:

Dismissing an employee without prior warning or without following a disciplinary process.
Discriminatory dismissal which is based on protected characteristics, such as gender, age, or race.
Dismissing an employee because they raised concerns around workplace health and safety.
Terminating employment due to maternity or paternity leave.
Dismissing an employee due to trade union membership or activities.

How soon do I need to bring a claim for unfair or constructive dismissal?

Claims for unfair and constructive dismissal must be brought within three months of the relevant date. This is known as the ‘limitation period’.

This relevant date is usually the date of dismissal or the last day of the employee’s notice period, but may be some other date depending on the individual circumstances.

There are some circumstances when the limitation period is extended, for example, in particular circumstances where ACAS Early Reconciliation is engaged. However it is always best to seek early legal advice about your claim in all circumstances.

Strengthening an unfair or constructive dismissal claim

Gathering evidence and being prepared if you’re considering pursuing a claim for constructive or unfair termination can increase your chances of success.

Here are a few steps we recommend you take as early as possible:

Document any communications with your employer
Keep a record of emails, contracts, letters, and meeting notes
Ask for your dismissal in writing, including the reasons for it, if you haven’t already received this
Go through the channels of your company’s disciplinary procedures to appeal the decision
Seek legal advice immediately so that you do not miss the deadline. Remember, claims must be brought within three months of the relevant date