Constructive dismissal — is it the same as unfair dismissal?
What’s the difference between unfair dismissal and constructive dismissal?
Q
What’s the difference between unfair dismissal and constructive dismissal?
A
Individuals are often confused by the use of the phrases “constructive dismissal” or “unfair dismissal”. They are not the same thing; unfair dismissal and constructive dismissal are very different legal concepts. These differences are explained below.
Unfair dismissal
An unfair dismissal occurs when an employer dismisses someone unfairly. It is a statutory concept and the rules are set out in the Employment Rights Act (ERA) 1996.
Whether or not a dismissal is fair is judged by the following five factors:
