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In general, a case can only be brought under unfair dismissal law if you have been working for your employer for at least 51 weeks and 1 day, unless you are dismissed for reasons such as:
As unfair dismissal law is statutory rather than common law, the cases which can be considered as unfair dismissal are very tightly defined. Many cases which may be considered to be clear examples of unfair dismissal can also be dealt with through a different area of employment law, such as discrimination or whistle-blowing legislation.
Another form of unfair dismissal is when your employer has committed a fundamental breach of contract, thereby making your position untenable and effectively forcing you to resign. This is known as constructive dismissal.
As with all cases dealing with unfair dismissal law, each case must be considered according to its individual circumstances. Your employer may wish to negotiate a settlement with you if they believe you have a possible claim against them, and this can be done by way of a compromise agreement, which would prevent you from making any claims against them.
If you believe that you have been unfairly dismissed, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any unfair dismissal issues you may have. Please contact us for an initial free consultation.
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