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Unfair Dismissal

Your dismissal may be unfair if your employer does not have a good reason for dismissing you or does not follow their own formal disciplinary or dismissal process. You are likely to be unfairly dismissed if you had resigned and gave the correct notice period, have been asked for flexible working, have joined a trade union, needed time off for jury service, applied for maternity, paternity and adoption leave, were on maternity, paternity and adoption leave you're entitled to, exposed wrongdoing in the workplace or were forced to retire.

Constructive Dismissal

Constructive dismissal is when you're forced to leave your job against your will because of your employer's conduct. Your reasons for leaving must be serious. For example, your employer might suddenly stop paying you or suddenly demote you for no reason, force you to accept unreasonable changes to how you work e.g. tell you to work night shifts when your contract is only for days or your employers 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.

Bullying, Harassment and Discrimination

Bullying and harassment is behaviour that makes someone feel intimidated or offended. Harassment is unlawful under the Equality Act 2010. Examples of bullying and harassment include spreading malicious rumours, unfair treatment and being picked on. This can happen face to face or by letter, email or phone. The law protects you against discrimination at work including dismissal, employment terms and conditions, pay and benefits, promotions, training, recruitment, redundancy and disability.

Medical Incapacity

Employees are protected under the Equality Act 2010 if a person is disabled or if they have a physical or mental impairment which has a substantially adverse and long-term effect on their ability to carry out normal day-to-day activities. These include using a telephone or computer, interacting with colleagues, following instructions, driving and carrying everyday objects. This can happen in 4 different ways. - Direct Discrimination - Indirect Discrimination - Harassment - Victimisation.

Unpaid Wages

Some employers fail to pay employees all wages due at the end of your employment, either intentionally or out of ignorance. You may find that your employer has not paid your correct holiday entitlement, deliberately not paid you for overtime hours or you have experienced a shortfall of your wages overall. It is unlawful to make deductions (not previously agreed with the employee) from their salaries. You have certain legal rights to recover this money.

Health & Safety

All workers have a right to work in a place where risks to their health and safety are properly controlled. Health and safety is about stopping you getting hurt at work or ill through work. Your employer is responsible for your health and safety but you must also take reasonable care. The common law has established that an employer has a general duty to take reasonable care to avoid injury, disease or death occurring to their employees at work and in particular, must provide and maintain safe appliances and equipment, maintain a safe system of work and provide competent people to undertake the work.