Constructive dismissal is when an employee is forced to resign after a serious breach of contract by their employer or the treatment they have received. Examples of such could be if your employer:
- Took excessive disciplinary action without reason;
- Changed the location of your job without your consent;
- Put you in work conditions where health and safety regulations were violated;
- Refused to pay you; or
- Made abusive and/or degrading comments towards you.
These are only examples as the list of potential circumstances is endless as employers and employees are bound to not only the written employment contract, but also the implied terms of the contract.
When making a claim for Constructive Dismissal, it is important to be fully informed on all the steps that you should take before officially making the claim. You must have been under their employment for 2 years. Otherwise, your claim will fail as you will not qualify to make this claim. If you do qualify, you must give your employer ample time to respond to your grievance letter. However, you need to be aware that if you wait too long and fail to receive a response, this can go against your claim as well. Therefore, there is a delicate balancing act which the tribunal expects you to take part in order to have exhausted your options before making the claim. Once you submit your claim, your employer has 28 days to respond.
If the Tribunal considers the facts and decides that there is a fundamental breach of contract, then the employee will be granted Constructive Unfair Dismissal and will be entitled to compensation. If the Tribunal decides there is no breach, or that it was not severe enough for it to be considered unreasonable, then the employee will be at a loss.
Constructive Dismissal is a very difficult and often a very personal claim to make as this means leaving your employment. At Bloomsbury Law, we understand that every case is different. If you are looking to make a claim for Constructive Dismissal please contact us. We will confidentially discuss your situation and provide you with expert advice to ensure you the best possible outcome.
What do I do next?
Contact us online or speak to one of our top employment solicitors on 0207 998 7777 for a free initial consultation. With our vast experience in the field, our employment law team will work with you to ensure this process runs as smooth as possible. All information you provide us with is treated with the utmost confidentiality.
We will contact you no later than the next working day to arrange a meeting at our offices in London W1 to advise on the agreement.