Employment law

Constructive or unfair dismissal.

Losing your job, or feeling you have no choice but to leave, is hard. We explain your rights clearly and help you challenge a dismissal that was not fair.

Call 01582 853 783 Request a callback
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  • 160+Client reviews

Your protection against unfair dismissal

Under the Employment Rights Act 1996, an employer must have a fair reason to dismiss you and must act reasonably in doing so. The potentially fair reasons are capability, conduct, redundancy, a legal restriction and some other substantial reason. Even with a fair reason, the dismissal can be unfair if the process was flawed.

To claim ordinary unfair dismissal, you generally need two years’ continuous service. However, some dismissals are automatically unfair and need no qualifying service. These include dismissals for whistleblowing, for reasons related to pregnancy or maternity, for trade union membership, for asserting the National Minimum Wage, or for raising health and safety concerns.

Constructive dismissal is different. It applies when your employer commits a serious breach of your contract, such as a sudden cut in pay or a serious breakdown of trust and confidence, and you resign in response. The law treats your resignation as a dismissal, but you must not delay too long before resigning.

The Employment Rights Act 2025 is bringing changes to unfair dismissal rights that are being phased in. Which rules apply to you can depend on your dates, so it is important to get advice that reflects the law as it stands. We keep track of what is in force and advise you on the rules that apply to your case.

What we do for you

  • Two years’ service usually needed for ordinary unfair dismissal
  • No qualifying service for automatically unfair dismissal
  • Constructive dismissal needs a serious breach by your employer
  • Take advice before you resign
  • Claims usually within three months less one day

What we can help with

We advise on every kind of dismissal and the process that led to it.

  1. Unfair dismissal

    Dismissals without a fair reason or a fair procedure.

  2. Constructive dismissal

    Resigning because of a serious breach of contract by your employer.

  3. Automatically unfair dismissal

    Dismissals for protected reasons, such as whistleblowing or pregnancy.

  4. Misconduct dismissals

    Challenging the investigation, hearing and decision in disciplinary cases.

  5. Redundancy

    Whether the redundancy was genuine and the selection and consultation fair.

  6. Disciplinary and appeal hearings

    Advising you before and during disciplinary meetings and appeals.

How we help

From first advice to the tribunal hearing, we are with you at each stage.

  1. Free initial call

    Tell us what has happened. We check your key dates straight away so no time limit is missed.

  2. Assess your claim

    We review your contract, the dismissal process and the evidence, and give you a frank view of your position.

  3. ACAS and negotiation

    We take you through ACAS early conciliation and negotiate with your employer, which may lead to a settlement.

  4. Tribunal representation

    If your case does not settle, we prepare your claim and represent you at the Employment Tribunal.

Attiq Malik

Key contact

Attiq Malik

Director and solicitor-advocate

Attiq has represented employees, including members of the RMT, T&G and CWU, as well as small and large businesses. He negotiates settlements and represents clients in tribunals. He has appeared in the Employment Appeal Tribunal, where he successfully argued a complex legal point that clarified the time claimants have to bring Employment Tribunal claims following ACAS conciliation. He regularly advises on settlement agreements and ACAS early conciliation.

Call 01582 853 783 Request a callback

What our clients say

Real feedback from the people we have represented, published on ReviewSolicitors and Google.

Craig Woods
Craig Woods
★★★★★
Contacted liberty law and from start to finish very happy with the whole process very helpful polite and easy to deal with they real do now there stuff
Karen
Karen
★★★★★
I could not recommend this firm enough. They manage to maintain complete professionalism whilst also being personable. Rasheda and Dean clearly explained every step of the process from beginning to end, with Dean taking the time to explain all of legal jargon. I really appreciated this as it made, what started as a daunting experience, so much easier to complete. I am so glad that I took the time to look around and read reviews before choosing any local firm. It really made a difference. Thank you Liberty Law.
Muhammad Khan
Muhammad Khan
★★★★★
Liberty Law took over my case at its hardest point. Dean Garrett was calm, straight-talking and on top of every detail from the first call: he strengthened my case, instructed an outstanding barrister, and his judgement was right at every turn. Rasheda kept everything running smoothly behind the scenes — calls arranged, documents where they needed to be, nothing ever too much trouble. My case concluded on day two of the final hearing, with an outcome I was very pleased with. They believed in my case when it mattered, and they delivered. Highly recommended.
Chapo
Chapo
★★★★★
I had an excellent experience. They were professional, knowledgeable, and always kept me informed throughout the process. They took the time to answer my questions, provided clear advice, and worked hard to achieve a great outcome. I highly recommend their services to anyone looking for reliable and dedicated legal representation. If you are looking for professionalism and results you have come to the right place!!
Tinksy 37
Tinksy 37
★★★★★
Cannot thank the guys enough my solicitor went absolutely above and beyond
Abdul Basit
Abdul Basit
★★★★★
I contacted Liberty Law Solicitors regarding one of my legal cases. Throughout the past year, Mr. Faris Nazar handled my case with exceptional dedication, honesty, sincerity, and professionalism. Thanks to his hard work and expertise, I was ultimately successful in my case. I can confidently say that this firm is highly professional and genuinely committed to serving its clients. They have earned my trust, and I would highly recommend their services.👏
Mohammed
Mohammed
★★★★★
Where do I even start from the start to the very end they delivered I can’t thank the team and Itsam Malik enough for the results we was looking at 16-20 years and they got it down to 3 years which turned into 10 months the whole team and Itsam malik are great people!
M. T
M. T
★★★★★
I cannot thank Liberty Law Solicitors enough for the support and representation I received during a very difficult and stressful time. My solicitor Dean Garrett was honest, clear, and professional from the outset, explaining my situation and the possible outcomes without giving false reassurance. I really appreciated that level of transparency. The preparation for the hearing was thorough and made a real difference. I felt well guided throughout the process and was able to stay calm and focused because of the support I received. I am very grateful for the work carried out on my case and would highly recommend Liberty Law Solicitors to anyone in need of strong, honest, and professional legal representation.
Kamal Hussain
Kamal Hussain
★★★★★
I recently sought advice and support from Atiq at Liberty Law Solicitors regarding an employment matter. I’m genuinely grateful for the way Atiq handled everything. He made the whole process feel manageable, took the time to explain things clearly, and provided steady reassurance throughout. Knowing I had someone knowledgeable and dependable guiding me made a big difference. It’s incredibly reassuring to have Atiq and the team at Liberty Law in your corner. I can’t recommend them highly enough.
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Questions people ask

General information, not advice on your case. For that, speak to us — the first conversation costs nothing.

How long have I got to bring an unfair dismissal claim?

The time limit is generally three months less one day from the date your employment ended. You must start ACAS early conciliation before you can bring a claim, and this can extend the deadline. Contact us as soon as possible.

I have less than two years’ service. Can I still claim?

Possibly. If your dismissal was automatically unfair, for example because you blew the whistle or for a reason related to pregnancy, no qualifying service is needed. If the dismissal was discriminatory, you may have a claim under the Equality Act 2010 regardless of service.

What counts as constructive dismissal?

Your employer must have seriously breached your contract, for example by cutting your pay without agreement or seriously undermining trust and confidence. You must resign in response to that breach, and not delay too long. Take advice before you resign.

Should I appeal against my dismissal?

Usually, yes. An appeal gives your employer a chance to put things right, and failing to follow the ACAS Code of Practice can affect a tribunal claim. Appealing does not stop the tribunal time limit running, so keep an eye on your deadline.

Nothing on this page is legal advice, and no solicitor–client relationship is created by reading it. Every case turns on its own facts.

Tell us what has happened.

The first conversation costs nothing and commits you to nothing. Two offices, one emergency line, and a solicitor at the end of it.

Luton office

01582 853 783
43 Windmill Road
Luton LU1 3XL

9am to 5.30pm, Monday to Friday

London office

0208 528 1019
107–111 Fleet Street
London EC4A 2AB

9am to 5.30pm, Monday to Friday

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