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Constructive Dismissal


Employers are required by law to dismiss employees for just and reasonable reasons.

If you have been dismissed and your work employer does not meet the following criteria, you could make an unfair dismissal claim with the help of our expert employment law solicitors in Birmingham:

  • Your work employer must have a legally fair reason for dismissing you
  • Your work employer must follow a fair disciplinary or dismissal process

Unfair dismissal is likely to have occurred if you were fired after you:

  • Asked for flexible working
  • Refused to give up your working time rights – e.g. to take rest breaks
  • Joined a trade union
  • Took part in legal industrial action that lasted 12 weeks or less
  • Needed time off for jury service
  • Applied for maternity, paternity and adoption leave
  • Taken any maternity, paternity and adoption leave you’re entitled to
  • Exposed wrongdoing in the workplace (whistleblowing)


The usual time limit for issuing an unfair dismissal claim is 3 months less one day from the termination of your employment, also referred to as the effective date of termination. This could be the last day you were paid or the last day you worked (subject to any notice provisions), or other event giving rise to your claim (for example, the last act of discrimination). To ascertain this date, and ensure that you bring your claim within the necessary time frame, contact an expert employment law solicitor today. In order for an employee to bring a claim for ordinary unfair dismissal, the employee will need to have two years’ continuous service.

Next Steps

Book your free initial consultation to discuss Unfair Dismissal with our Employment Law Solicitors in Birmingham and Manchester. Freephone 0330 333 8797, request a callback or email info@wildings-solicitors.co.uk today.