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

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