Wrongful and Constructive Dismissal claims are essentially breach of contract claims and therefore do not require an element of two years’ continuous service. You are able to pursue both of these actions independently, but in the absence of the ‘unfair’ element in a constructive dismissal claim the compensation you are entitled to may be restricted to pay and benefits for your notice period only.
In order to make a claim for unfair dismissal you must satisfy the following three elements:
- You are an employee;
- You have been dismissed;
- You have two years continuous service.
In addition to a claim relating to dismissal, your employer’s conduct may amount to a form of discrimination. There is no continuous service requirement for bringing a discrimination claim, but it must be lodged within 3 months less one day beginning with the day in which the last act of discrimination occurred. This could be different to the limitation date in connection with your dismissal and therefore you should ensure you calculate the last date for lodging the claim accordingly.
The Employment Tribunal is designed to accommodate litigants in person and therefore you can conduct a claim without legal representation. That said, you may not feel capable of drafting legal documents or corresponding with your employer’s solicitor. The employment team at Hansells have the skill set to manage your claim from start to finish.
We can also assist you with certain stages of your litigation to help you minimise your legal costs. For example, you may want us to draft your claim form (ET1) to ensure your claim is presented and pleaded correctly. You can then take over and run the claim yourself from that point onwards.
