Unfair dismissal law – An LRD guide for union reps (December 2023)

Chapter 7

Bringing a claim

[page 79]

A claim for constructive unfair dismissal must be brought within three months (less one day) of the date the resignation takes effect. This is the effective date of termination (EDT) (see page 94). Acas or LRA Early Conciliation applies (see page 97).

Employees should be advised that constructive dismissal claims are not straightforward and that compensation is not generous (see page 102). It is important to review all the evidence, including a record of the incidents or imposed changes, their efforts to have their concerns addressed, and any relevant communications to assess the strength of their claim.


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