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Redundancy: Constructive or unfair dismissal

A brief look at your rights if you feel you have been dimissed unfairly.

Constructive dismissal

If you feel pressured into resigning because your employer has allowed actions to be taken, or taken action which made you feel as though your job no longer exists, then you could claim constructive dismissal.

You have the right to 'walk away' with immediate notice because the company is in breach of contract and you are no longer contractually bound to work for them.

Of course this means you will not receive any further salary, and you risk losing any leave pay and bonuses or commissions owed to you. You need to speak to a solicitor to discuss your options before taking any radical action.

Unfair and unlawful dismissal
Your employer is within its legal rights to make you redundant if correct procedures are followed and a redundancy package is offered that meets statutory requirements.

If, however, you are dismissed without fair grounds then you can take the company to an industrial tribunal claiming unlawful dismissal.

Unfair dismissal is where the employer has dismissed the employee in breach of a statutory duty to treat the employee fairly.


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