Employment question:

I’ve been employed for 8 months but I want to leave and claim constructive dismissal. Have I been employed for long enough?

posted in Employment | 1 response

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Responses:

Good Lawyer Guide's response

Probably not, as you normally have to be employed for at least one year to have the legal right to take a case to an employment tribunal. But as with all rules there are exceptions. If the reason for dismissal is an Automatically Unfair reason, for example, where discrimination is an issue, or where there are health and safety issues or issues relating to the Working Time Directive, the one year rule may not apply.

Before making your decision to leave, you must take the advice of your union or Acas so you know what your rights are.