You have to have worked for employer for at least two years unless it is automatically
you don’t need to have worked for your employer for 2 years if your claim is because of:
a reason that’s always ‘automatically unfair’
discrimination
Check if it’s ‘automatically unfair’Add reference
It’s always ‘automatically unfair’ if you had to resign due to being treated unfairly in a way that amounts to a breach of contract because you:
are pregnant or on maternity leave
have asked for your legal rights at work, eg to be paid minimum wage
took action about a health and safety issue
work in a shop or a betting shop and refused to work on a Sunday
are a trade union member and took part in trade union activities including official industrial action or you were acting as an employee representative
have reported your employer for wrongdoing, which is called whistleblowing
If you’ll have worked for your employer for at least 2 years when your job ends, it’s also automatically unfair if you’re dismissed because:
the business was transferred to another employer
you didn’t declare a spent conviction
Check for discriminationAdd reference
You can make a constructive dismissal claim if you resigned because your employer discriminated against you.
It might be discrimination if you were treated unfairly because you are or are seen to be:
pregnant or on maternity leave
from a particular race, ethnicity or country
married or in a civil partnership
a man or a woman
disabled
lesbian, gay, bisexual or trans (LGBT)
have a particular religion or set of beliefs
older or younger than the people you work with
Posted By: ingi on May 14th 2021 at 08:56:43
Message Thread
- Anyone have experience of claiming constructive dismissal? (General Chat) - seminated_woolly, May 14, 05:50:33
- Yes, citizens advice bureau for helped me and it went well (n/m) (General Chat) - Larry Hagman, May 14, 09:48:51
- You have to have worked for employer for at least two years unless it is automatically (General Chat) - ingi, May 14, 08:56:43
- ridiculous (General Chat) - Tombs, May 14, 09:08:55
- All v complicated and expensive (General Chat) - paulg, May 14, 09:26:12
- Because the Govt in its wisdom felt it needed to be easier to sack people (General Chat) - megson, May 14, 09:19:46
- In truth though it's a tricky balance isn't it? (General Chat) - paulg, May 14, 09:33:45
- seriously there is a list of particular countries? (n/m) (General Chat) - Tombs, May 14, 09:24:15
- No, no list, just about if you can demonstrate you were sacked becauase (General Chat) - megson, May 14, 09:29:52
- and particular religions? (n/m) (General Chat) - Tombs, May 14, 09:26:10
- automatically unfair* (n/m) (General Chat) - ingi, May 14, 08:57:08
- I could give your email address to my collegue who specialises in employment law (General Chat) - ingi, May 14, 09:00:30
- *colleague (n/m) (General Chat) - ingi, May 14, 09:00:56
- I could give your email address to my collegue who specialises in employment law (General Chat) - ingi, May 14, 09:00:30
- ridiculous (General Chat) - Tombs, May 14, 09:08:55
- House Insurance (General Chat) - letsbehavinyou, May 14, 08:38:59
- ^^^^ This is great advice loads of Home Insurance has legal helpline (General Chat) - megson, May 14, 09:21:12
- I was a trade union rep for a long old time (General Chat) - Azteca, May 14, 08:04:16
- Really sorry to hear that and hope you're ok. (n/m) (General Chat) - norwaay, May 14, 07:10:23
- I thought you have to have worked somewhere minimum of 2yrs for constructive dismissal (n/m) (General Chat) - JD3, May 14, 06:54:17
- Apparently can under two years for an 'automatically unfair' dismissal (General Chat) - seminated_woolly, May 14, 07:04:42
- Or discrimination (General Chat) - CWC, May 14, 07:10:23
- On this, Household Insurance, don't appoint (General Chat) - Azteca, May 14, 08:14:39
- Or discrimination (General Chat) - CWC, May 14, 07:10:23
- Apparently can under two years for an 'automatically unfair' dismissal (General Chat) - seminated_woolly, May 14, 07:04:42
- Not challenging their behaviour could prove equally stressful in the long term (General Chat) - Tier2canary, May 14, 06:17:17
- I think you’d have a strong case (General Chat) - JoeyDeacon, May 14, 06:07:36
- Why do you think he has a strong case (General Chat) - ghostof barry butler, May 14, 07:00:53
- I see no evidence (General Chat) - ghostof barry butler, May 14, 07:24:18
- Your inner prick really is never far from the surface is it? (n/m) (General Chat) - norwaay, May 14, 07:34:09
- ha ha ha lol (General Chat) - ghostof barry butler, May 14, 08:25:47
- Well, that's as maybe. (General Chat) - norwaay, May 14, 08:54:05
- lets go back and check shall we (General Chat) - ghostof barry butler, May 14, 09:02:01
- You can't hear yourself - I get that 👍 (n/m) (General Chat) - norwaay, May 14, 10:00:35
- a classic example (General Chat) - ghostof barry butler, May 14, 11:02:11
- a classic example (General Chat) - norwaay, May 14, 11:10:44
- a classic example (General Chat) - norwaay, May 14, 11:12:30
- still doing it (General Chat) - ghostof barry butler, May 14, 12:01:44
- Ah yes of course... *NOW* you don't give a fuck! 😂 (n/m) (General Chat) - norwaay, May 14, 12:17:40
- He asked a simple question. (General Chat) - usacanary, May 14, 12:22:54
- That's not really the point I'm making though (General Chat) - norwaay, May 14, 12:30:14
- So you moan about rudeness by being rude. (General Chat) - usacanary, May 14, 14:32:06
- I accept that this is your opinion. (n/m) (General Chat) - norwaay, May 14, 15:18:07
- So you moan about rudeness by being rude. (General Chat) - usacanary, May 14, 14:32:06
- Thanks USAcanary ... but its not about the question (General Chat) - ghostof barry butler, May 14, 12:28:22
- This is going well. (n/m) (General Chat) - tudders, May 14, 13:32:58
- It's about your behaviour, definitely. (n/m) (General Chat) - norwaay, May 14, 12:30:46
- That's not really the point I'm making though (General Chat) - norwaay, May 14, 12:30:14
- sigh!! (n/m) (General Chat) - ghostof barry butler, May 14, 12:21:32
- He asked a simple question. (General Chat) - usacanary, May 14, 12:22:54
- Ah yes of course... *NOW* you don't give a fuck! 😂 (n/m) (General Chat) - norwaay, May 14, 12:17:40
- still doing it (General Chat) - ghostof barry butler, May 14, 12:01:44
- a classic example (General Chat) - norwaay, May 14, 11:12:30
- a classic example (General Chat) - norwaay, May 14, 11:10:44
- a classic example (General Chat) - ghostof barry butler, May 14, 11:02:11
- You can't hear yourself - I get that 👍 (n/m) (General Chat) - norwaay, May 14, 10:00:35
- lets go back and check shall we (General Chat) - ghostof barry butler, May 14, 09:02:01
- Well, that's as maybe. (General Chat) - norwaay, May 14, 08:54:05
- ha ha ha lol (General Chat) - ghostof barry butler, May 14, 08:25:47
- Your inner prick really is never far from the surface is it? (n/m) (General Chat) - norwaay, May 14, 07:34:09
- 1. He has, 2. What on earth is the point of this contribution? (n/m) (General Chat) - norwaay, May 14, 07:17:00
- I see no evidence (General Chat) - ghostof barry butler, May 14, 07:24:18
- Why do you think he has a strong case (General Chat) - ghostof barry butler, May 14, 07:00:53
- Get some advice from CAB. (n/m) (General Chat) - Curnster, May 14, 05:55:05
- We did that when my wife was dismissed from her job whilst pregnant (we say because she (General Chat) - NxNW, May 14, 07:09:18
- Yup, fair comment.Was just interested in people's personal experience of the stress involv (n/m) (General Chat) - seminated_woolly, May 14, 06:02:31
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