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Constructive dismissal occurs when the Employer commits a fundamental breach of an employee's contract and the Employee resigns as a result without undue delay. An Employee should submit a grievance before making a claim to the tribunal but this is not always necessary. It is possible that the conduct complained of is of an unlawful nature under the discrimination legislation. This could mean an additional claim is made in the employment tribunal.

In the case of long-term ill health there will come a time when it is reasonable for the Employer to consider dismissal. Before dismissing, the Employer would be expected to speak to the Employee about the situation and ascertain the likelihood of a return to work. It will normally be appropriate to obtain a medical report to establish a prognosis. In the event that return is unlikely in the foreseeable future or it is unclear, that may make it fair to dismiss. In a case in which the Employee falls within the definition of the Equality Act 2010 consideration will have to be made as to whether reasonable adjustments can be made to assist the Employee's return before a final decision on dismissal is made. In the case of frequent short term absences, a fair dismissal may be possible if the attendance falls well below the required standard for attendance. It would be expected that the Employee has been given the opportunity to improve and gone through a fair procedure such as following the ACAS procedure.

In the majority of cases it will be unlawful to dismiss an Employee for misconduct without prior warning. The exception to this is where a very serious offence amounting to gross misconduct such as theft, violence or fraud has been committed. An employer should ensure a proper investigation of the allegation, and a formal hearing convened. any decision should inform the employee/ex-employee with a right to appeal against any decision to dismiss. Employers will be expected to follow their own disciplinary procedure (i.e. in their staff handbook) and also the requirements of the acas disciplinary and dismissal procedure.

There is a right of an Employee to object to being transferred. Save in exceptional cases, the objection to a transfer will restrict the rights of the Employee to take a claim against the outgoing or new Employer

There is a requirement for the Employer to inform the Employees of the legal, social and economic implications of a TUPE transfer. If the Employer intends to take any measures in respect of any Employee there must also be consultation. The consultation must be with Employee representatives. There are special rules concerning the validity of representatives.