Personal Law > Employment > Unfair or constructive dismissal

Unfair or constructive dismissal

At Foys Solicitors, we understand how devastating it can be to lose your job unfairly.

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Unfair dismissal

Unfair dismissal occurs when your employer terminates your employment without a fair and lawful reason, or fails to follow the correct legal procedure when dismissing you. Every employee has the right to be treated fairly at work, and employers must be able to demonstrate both a valid reason and a fair process. If you believe you have been unfairly dismissed, you may be entitled to compensation or other remedies. Our experienced employment law team is here to guide you through every step of the process — from assessing the strength of your claim to representing you in negotiations or at tribunal.

At Foys Solicitors, we combine clear legal advice with a practical, results-focused approach.

We will:

  • Review the circumstances of your dismissal

  • Advise you on your legal position and potential compensation

  • Support you through ACAS Early Conciliation

  • Represent you in Employment Tribunal proceedings where necessary

We are committed to protecting your rights and helping you achieve the best possible outcome. If you have been unfairly dismissed, contact Foys Solicitors today for straightforward advice and strong representation.

Constructive dismissal

Constructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct. The reasons you leave your job must be serious, for example, they:

  • do not pay you or suddenly demote you for no reason

  • force you to accept unreasonable changes to how you work - for example, tell you to work night shifts when your contract is only for day work

  • let other employees harass or bully you

Your employer’s breach of contract may be one serious incident or a series of incidents that are serious when taken together.

You should try and sort any issues out by speaking to your employer to solve the dispute.

If you do have a case for constructive dismissal, you should leave your job immediately - your employer may argue that, by staying, you accepted the conduct or treatment.

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Frequently asked employment law questions

The reason you are hiring an employment law specialist is that you want to protect your career reputation and livelihood, not to mention your fundamental employment right. This is why you should not let fees stop you from seeking help and getting the compensation you deserve. At Foys, we can alleviate your concerns when it comes to fees. We are happy to explore all possible ways to fund your case, which may include fixed fees, insurance funding, or no win no fee contracts. We also offer an initial FREE consultation. This gives us a chance to discuss all aspects of your case, answer your questions, assess your options, and advise the best course of action going forward.
Employment law is an area of law that comprises all elements of employment, ranging from contract grievances and harassment to redundancy and unfair dismissal. This law serves to protect the rights of employees and prevent discrimination in the workplace. Given the complexity of this law, our expert team of highly-skilled employment advisors can provide proficient legal advice and assistance with taking legal action against your employers and guide you through the process of seeking compensation. After many years of handling employment cases, we understand that no two cases are the same. We aim to support your case from start to finish, ensuring that your interests are protected, and your voice is heard and respected.
Designed to resolve employment disputes between employers and employees, an employment tribunal is often the first avenue you explore when you believe you’ve been unfairly dismissed, discriminated against or been made redundant. In theory, you don’t need a lawyer to represent you at an employment tribunal, but in practice, 86% of claimants were represented by a lawyer in 2016/17, according to the Ministry of Justice. With your career reputation and your income at stake, having a qualified advisor representing you in the tribunal process can make all the difference. We understand that the tribunal process can be a stressful time, and promise to assist you with preparing for your case, calling witnesses and attending hearings. It is possible that a tribunal claim may forever alter the relationship between you and your employer. This is why we recommend attempting to conciliate before taking your case to the tribunal. However, if the other party doesn’t want to negotiate, we’re prepared to fight for you
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