Employment Law - Constructive Dismissal
Constructive dismissal is when you are forced to leave your job against your will because of your employer’s conduct. If you believe you have suffered constructive dismissal, consult the expertise of an employment law solicitor today.
Constructive dismissal occurs where you have a serious reason for leaving your job. For example your employer:
- Doesn't pay you or suddenly demotes you for no reason
- Forces you to accept unreasonable changes to how you work – e.g. tell you to work night shifts when your contract is only for day work
- Lets other employees harass or bully you
- Isolates or humiliates you
- Raises unfounded allegations of poor performance
- Undertakes unreasonable disciplinary proceedings
- Fails to address or properly manage stress at work
Constructive dismissal may arise from one serious incident or a series of events that are serious when taken together.
In order to successfully claim constructive dismissal, it must be proven that your employer was in fundamental breach of your employment contract.
At Wildings our employment law solicitors offer practical advice and assistance on how to resolve constructive dismissal disputes.
Constructive Dismissal Compensation
If you do have a case for constructive dismissal, you should leave your job immediately, and seek the advice of an expert employment law solicitor. Otherwise, your employer may argue that, by staying, you accepted the conduct or treatment. Each constructive dismissal case turns on the facts and whether the conduct complained of is serious or trivial. As well as advising you on what to expect at a hearing, our Employment Law Solicitors can offer support throughout the various stages and assist in the preparation of your grievance.
Before pursuing a claim for constructive dismissal, it is essential to consider the following:
- Have you submitted a grievance to your employer?
All businesses should have formal grievance procedures in writing. Submitting a grievance to your employer clearly displays that you have not accepted the employer’s fundamental breach of contract.
- Have you had two years of continuous service with your employer?
Even though no actual dismissal has been made, due to the circumstances that surround constructive dismissal, the claim would technically fall under Unfair Dismissal. This means that you must have had at least two years of service in order to claim.
Our Employment team also offer advice and support if there is no alternative but to resign and help prepare your resignation letter. Book a consultation and get the right support from the outset.
Why instruct our Employment team?
- Our Employment Law solicitors have considerable experience in dealing with Unfair Dismissal/Constructive Dismissal cases
- We can advise you on the merits of a potential Employment Tribunal Claim, together with the likely value, should you be successful
- We can also negotiate Employment Termination Packages on your behalf
- If you are called to attend an Employment Disciplinary or Dismissal meeting, then we can advise you through that process
- We assist in the process with ACAS and can act as your representative
There is a strict time limit applied to employment claim and when they should be submitted to the Employment Tribunal. Please refer to time limit in Employment Claims.
Constructive dismissal occurs when an employee feels they have no choice but to resign, following a fundamental breach by their employer. The process for bringing a claim of constructive dismissal is to action within a period of 3 months (less one day) from the date when you resigned.
Before being able to issue a tribunal claim for constructive dismissal it is a pre-requisite that the claim is registered with ACAS under their mandatory pre-claim conciliation scheme.
If you would like a no obligation, free initial consultation either in person or over the telephone to discuss Constructive Dismissal in more details, then please call us on 0330 333 8797, request a callback or email us at email@example.com