Making the decision to dismiss an employee should not be taken lightly. The prospect of a potential dispute is stressful and could come at a cost of time, money and reputation if not handled carefully. It is important to seek the best legal advice so you can appropriately manage and mitigate any risk.
Under the Employment (Jersey) Law 2003, employees have the right not to be unfairly dismissed by their employer. An unfair dismissal occurs when the employer does not have good reason for dismissing the employee or they don’t follow a fair procedure leading to the dismissal.
There are a number of reasons where an employer’s decision to dismiss could be deemed unfair and we can help you navigate these based on the law and other Tribunal cases.
If faced with an unfair dismissal claim, our team advise employers through the process to limit the impact on business. We will also seek to resolve matters before they are taken to Tribunal, where this is not possible, we have extensive experience with legal representation in the Tribunal and Court.
Equally, we work with employees bringing claims against their employers. If you believe you might have an unfair dismissal claim, we will work with you to advise on your claim, discuss the likely outcome and support and represent you throughout the process.
Constructive unfair dismissal
Constructive dismissal is when an employee resigned from their job due to the conduct of their employer. While there won’t have been any official dismissal of the employee by the employer, if the environment and treatment has been deemed significant enough for the employee to have no choice but to leave, there can be grounds for constructive unfair dismissal.
These claims can be difficult to prove, and an employee must prove that:
- The employer breach their contract of employment
- The breach much be fundamental
- The resignation is in response to the claimed breach
- There has been no significant time delay between resignation and claim
In both cases of unfair and constructive unfair dismissal there are intricacies to the law with many considerations that need to be taken into account. It is important to also seek expert legal advice. Speak to our Employment Law team for further advice.
Read our latest blog explaining unfair dismissal in more detail, ‘BCR Explores Law – Unfair Dismissal’.