Unfair and wrongful dismissal from work

Losing your job is one of the most stressful events you can face. When the dismissal feels unfair or is handled badly, that stress often turns into confusion, frustration, and uncertainty about what to do next. UK employment law recognises this, which is why there are legal protections in place to prevent employees from being treated unjustly.

Three of the most important protections are against unfair dismissal, constructive dismissal, and wrongful dismissal. These terms are often used together, but they each have specific legal meanings. Knowing the difference can help you understand your position and decide on the right steps to take if you believe your employer has acted unlawfully.

This article looks closely at each type of dismissal, explains the differences between them, and outlines the practical actions you can take if you find yourself in this position.

What is unfair dismissal?

Unfair dismissal happens when your employer ends your employment without a fair reason and/or without following a proper process. Simply deciding they no longer want you in the business, without evidence or procedure, is unlawful under UK law.

Employers are expected to rely on recognised fair reasons if they dismiss someone. These include misconduct, redundancy, capability issues, or another substantial reason, such as restructuring. But even if the reason appears valid, they also need to act reasonably. For example, if an employer dismisses someone for poor performance but never gave them a chance to improve, that dismissal could still be considered unfair.

Some dismissals are automatically unfair, regardless of how long you have worked for the company. Examples include being dismissed because you are pregnant, because you raised concerns about health and safety, because you joined or supported a trade union, or because you blew the whistle on wrongdoing. In these situations, you do not need two years of continuous employment to bring a claim.

In most other cases, however, you do need to have worked for your employer for at least two years before you can make an unfair dismissal claim.

What is constructive dismissal?

Constructive dismissal is different because it starts with a resignation rather than a dismissal. In this case, the employee resigns because the employer’s behaviour has left them with no reasonable choice but to leave.

It is not about simply disliking a workplace. It is about serious breaches of trust or contract that make continuing in the role impossible. Some examples include:

• A sudden and unjustified reduction in pay
• Drastic changes to job duties or responsibilities without agreement
• Bullying, harassment, or victimisation that is ignored by management
• Failure to protect you from unsafe working conditions

If you resign for these reasons, the law may view it as if you were forced out of your job. However, constructive dismissal cases can be more challenging because the burden is on you to prove that your employer’s behaviour was so serious that it broke the terms of the employment relationship.

That is why getting advice before resigning is vital. Resigning without strong evidence can weaken your ability to bring a claim.

What is wrongful dismissal?

Wrongful dismissal is about contract law rather than fairness. It happens when an employer breaches the terms of your employment contract during the dismissal process. The most common example is failing to give the correct notice period or failing to pay notice pay.

Imagine your contract states you are entitled to four weeks’ notice, but your employer tells you to leave immediately and refuses to pay you. That would almost certainly be wrongful dismissal. The same applies if you are dismissed halfway through a fixed-term contract without your employer honouring the agreed terms.

Unlike unfair dismissal, there is no minimum length of service needed to claim wrongful dismissal. Even if you have only worked for the employer for a few weeks, you may still be entitled to damages if your contractual rights are breached.

The key differences explained

The terms ‘unfair’, ‘constructive’, and ‘wrongful dismissal’ are often confused. To put it simply:

• Unfair dismissal asks whether your employer had a fair reason and followed a proper process.
• Constructive dismissal happens when you resign because your employer’s behaviour made your position untenable.
• Wrongful dismissal is about breaches of contract, such as not giving you notice pay.

In some cases, more than one type of claim may apply. For example, if you were dismissed without notice and without a fair process, you could potentially pursue both unfair dismissal and wrongful dismissal.

What to do if you think your dismissal was unfair

If you feel you have been dismissed unfairly or forced to resign due to your employer’s actions, it is natural to feel angry or uncertain. The most important thing is to take clear and practical steps rather than reacting impulsively.

1. Review your contract – check what notice you are entitled to and whether your employer followed their own policies.
2. Keep a record – save emails, letters, or any written notes that show how your employer acted. This evidence will be crucial.
3. Get legal advice early – a solicitor can tell you whether you are likely to have a valid claim and what your options are.
4. Consider conciliation – in most cases, you will need to go through ACAS early conciliation before you can bring a case to an employment tribunal.
5. Act quickly – there are strict time limits for claims, usually three months less than one day from the date of dismissal or resignation.

Why professional advice matters

Employment law can be complicated, and what feels like an obvious case of unfair treatment is not always straightforward legally. Constructive dismissal, in particular, is often more difficult to prove, as it requires showing that the employer’s actions were serious enough to justify resignation.

Wrongful dismissal cases can be more straightforward, as they often come down to contractual terms. However, even these cases require careful preparation to avoid mistakes that could reduce your entitlement.

A solicitor will not only explain the law but also help you weigh up whether pursuing a claim is the best option for you. Sometimes a negotiated settlement with your employer may achieve a better result than going to tribunal.

Remedies and outcomes

The remedies available will depend on the type of claim. For unfair dismissal, compensation is often largely based on your loss of earnings, taking into account how long it may take you to find new employment. In some cases, reinstatement or re-engagement may be ordered, although the situation is less common.

For constructive dismissal, compensation is similar, but proving the case is sometimes more difficult. For wrongful dismissal, damages are generally limited to the financial loss you suffered, such as unpaid notice pay.

Each case is unique, which is why tailored legal advice is essential.

How Marley Solicitors can support you

At Marley Solicitors, we know how overwhelming it can feel to lose your job in unfair circumstances. Our employment law specialists provide clear, practical guidance on unfair dismissal, constructive dismissal, and wrongful dismissal.

We take the time to understand your situation and explain your rights in plain language. Whether you need advice on whether you have a valid claim, support negotiating with your employer, or representation at an employment tribunal, we are here to help.

If you believe you have been unfairly dismissed, forced to resign due to your employer’s conduct, or denied your contractual entitlements, get in touch with Marley Solicitors today. We will guide you through your options and work with you to pursue the best possible outcome.