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:

  • a reason related to the employee’ conduct

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