Unfair & Constructive Dismissal

If you have been dismissed from your job, or if you have been treated so badly at work that you resigned, you may have a claim against your employer for unfair dismissal. You only have 3 months to bring an unfair dismissal claim so it is important to get advice early and act quickly.

woman filing documents

Appeal your dismissal

If you have been dismissed from your job and you feel that your dismissal was not fair, the first step will usually be for you to appeal your dismissal. Your employer should give you the right to appeal and explain to you what you will need to do to appeal.

In your appeal, you will generally want to explain why you feel that your dismissal was fair and/or why the procedure followed by your employer before dismissing you was unfair. It is a good idea to get early advice on your rights so that you can submit the best appeal possible.

Raise a Grievance

If you have not been dismissed but are being treated badly at work so much so that you feel you have no choice but to resign, you should usually follow your employer’s grievance policy before you do resign. You can ask your employer for a copy of their grievance policy at any time.

A grievance is essentially a formal complaint about something that you have experienced at work. There is no particular wording that is required; you will just need to give your employer enough detail so that they know what your complaint is and who or what it is about so that they can investigate it. It is also often helpful to explain in your grievance letter the outcome that you are looking for at the end of the grievance process.

It can be daunting to submit a formal grievance to your employer but we can be on hand to help you with this. If you are a member of a union, you should be able to get help from your union with this.

For more on grievances, see our Help raising a grievance page.

Bringing a claim

If your appeal or you  grievance is not upheld by your employer, your employment has ended or will end, and you are considering bringing a claim against your employer, it is important to take legal advice as early as possible. There is only a short 3 month window for you to bring an unfair dismissal claim.

The first step we will take is to speak with you about your situation and potential claim. We offer an initial free 15 minute call so that we do this and let you know whether we think you might have a claim. Just get in touch with us to set up an appointment for a call.
If you do go on to bring an unfair dismissal claim, you will need to register first with Acas for compulsory early conciliation. This gives you and your employer a chance to try and settle your claim without you having to bring a claim in the Employment Tribunal. We can register you with Acas and negotiate on your behalf.

If settlement cannot be reached, we can then help you through the process of bringing a claim in the Employment Tribunal. We can either act of your behalf throughout your case, or we can advise you in the background on an as-needed basis while you otherwise deal with the claim yourself.

Fancy a chat?

We're here to help if you're interested in finding out more about our Unfair & Constructive Dismissal services. Get in touch with Kim Cross on kimcross@vinelaw.co.uk or call us on 01945 898090 for a no-obligation chat.

Our payment options

Paying for legal services at a time when things are perhaps going wrong at work, or if you have lost your job, is often a worrying prospect for clients. We offer a range of payment options to give you as much choice as we can.