What are the time limits for constructive unfair dismissal?

There are strict time limits to adhere to. The time limit to bring a claim for constructive unfair dismissal expires three months less one day from the last date of employment.

An employee must apply for ACAS Early Conciliation before the time limit expires. If it does not, it will not be able to bring a claim for constructive unfair dismissal in the employment tribunals.

It is important to take legal advice about time limits including that the matters giving rise the potential constructive unfair dismissal may give rise to an alternative ‘action short of dismissal’ claim that may entitle the employee to an award of compensation for injury to feelings. This will be the case where there has been unlawful discrimination or detriments/victimisation such as for making a protected disclosure (whistleblowing). Such claims will have different, earlier time limits.

Article by

Louise Maynard

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer

The above provides a general overview relating to constructive dismissal and is not intended nor construed as providing specific legal advice. Constructive unfair dismissal is a complicated legal claim. An individual should take legal advice from an employment lawyer if they believe their employer has behaved in such a way that entitles the employee to resign and bring a claim for constructive unfair dismissal.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

29.03.2023

< Older Post Newer Post >

Is it a new dawn, a new day, and new way of life for employment?

By lm • 13 May, 2024

Is it a new dawn, a new day, and new way of life for employment? A comparison between Labour’s key proposals (in relation to some of which there is rhetoric it may be stepping back) and key steps that have already been taken or are being taken under the current Conservative government (denoted in blue)

A man in a suit and tie is sitting at a desk holding a stack of papers before an employment tribunal

Is the re-introduction of Tribunal fees really the answer to persuade parties to settle claims before legal proceedings?

By Louise Maynard • 09 May, 2024

The government has recently consulted on the proposal to reintroduce modest fees in the Employment Tribunals and Employment Appeal Tribunals (closed 24 March 2024). It proposes £55 paid by the Claimant in both tribunals. One of the stated aims includes acting as an incentive to parties to settle their disputes early through ACAS without the need for claims to be brought to an Employment Tribunal.

A man is touching a woman 's shoulder at work in a case of sexual harassment.

The New Frontier of Sexual Harassment Prevention in the UK

By Marianne Wright • 09 May, 2024

The UK is taking a bold step in the fight against sexual harassment by introducing a new duty for employers to take proactive measures to prevent such incidents in the workplace. This groundbreaking development, expected to come into force in October, marks a significant shift in the UK's approach to workplace safety and respect. This article delves into the details of this new legislation and its implications for employers and employees alike.

A man and a woman are giving each other a high five in front of a wind turbine.

UK Flexible Working Rights: Employees Gain More Control in 2024

By Marianne Wright • 05 Apr, 2024

Flexible working arrangements, such as hybrid work, flexitime, and compressed hours, have become increasingly desirable for employees looking to balance work and their personal lives. As of April 6th, 2024, UK employment law has undergone significant updates to empower employees with greater flexibility and control over their work lives.

a woman is writing on a tablet while using a laptop .

2024 Employment Law Updates: What You Need to Know

By Matthew Kilgannon • 20 Mar, 2024

Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.

A woman is giving a glass of water to a man.

Bullying in the Workplace – why we need a little R.E.S.P.E.C.T

By Marianne Wright • 19 Mar, 2024

Bullying in the workplace is a serious issue for workers (29% of whom will experience workplace bullying at some point1), and for employers (bullying is estimated to cost UK businesses £18 billion a year2 and to contribute to the loss of over 17 million working days each year3).

A man in a suit is sitting at a desk with a laptop and talking on a cell phone.

What witnesses should I call in an Employment Tribunal?

By Louise Maynard • 28 Feb, 2024

If you're an employee bringing a claim against your employer in an employment tribunal, you may be wondering who you should call as witnesses. Here are some things to consider when making your decision:

a man in a wheelchair is sitting at a desk with a woman standing next to him .

Protecting Employee Rights: UK Employment Law and Discrimination against Mental Health Conditions and Disabilities

By Marianne Wright • 20 Feb, 2024

In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.

a man is sitting at a desk in a dark room using a laptop computer. GDPR

Data Protection Breaches at Work: Legal Consequences for Employees

By Emily Kidd • 06 Feb, 2024

In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.

person holding up a mental health book and in a discussion

Well-being Initiatives and UK Employment Law Introduction

By Yeing-Lang Chong • 22 Jan, 2024

In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.

SPEAK TO CLIENT CARE NOW