Legal Question in Employment Law in United Kingdom

Constructive Dismissal

How long after you have left an organisation could you sue for Constructive Dismissal?


Asked on 2/17/01, 6:29 am

1 Answer from Attorneys

Richard Howard Richard Howard & CO

Re: Constructive Dismissal

If you wish to make a statutory claim eg that the dismissal was unfair, a claim must be lodged with an emploment tribunal within three months of the effective date of temination.The effective date in a constructive dismissal case will normally be the day you left unless you gave written notice and the in will be the date of expiry of the notice.

In order to bring a statutory claim you need to have been employed with the Employer for one year. This does not however apply if Racial or Sexual discrimination and certain other reasons were the cause of the dismissal

If you are claiming unlawful dismissal ie that you were not given the contractual notice of termination the the period is six years.

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Answered on 4/02/01, 3:59 am


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