Constructive Dismissal

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What is constructive dismissal?

 

Constructive dismissal, or constructive unfair dismissal, is where an employer breaches a fundamental term in an employment contract and in response to that breach, you choose to resign. In this scenario, you may be able to claim for constructive dismissal. The term of the contract that has been breached, is not usually an express term such as salary (although non-payment of salary can be a fundamental breach of contract) but rather the implied term of trust and confidence. It can be one very serious “repudiatory” breach or a series of smaller breaches culminating in the “final straw”.

 

Examples of constructive dismissal

 

An employee can claim constructive dismissal for a number of different breaches of contract from an employer, including:

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• Cases of bullying or harassment

• Being demoted with no good reason or in breach of contract

• Removal of responsibilities and generally being side-lined or humiliated

• A breach of health and safety regulations

• Changes to employment contracts without consent

 

How do I claim for constructive dismissal?

 

If you feel like your employer has breached your contract and treated you unfairly, you may be able to claim for constructive dismissal.

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In order to make a claim for straightforward constructive dismissal, you must have resigned in response to this breach within a certain timeframe and you must have been continuously employed for the company for at least two years prior to your resignation. If there are discriminatory elements or whistleblowing attached to your resignation, the 2 years’ service requirement may fall away.

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If you meet these requirements, it’s beneficial to discuss your situation with an experienced employment solicitor to contemplate the next steps.

 

How can our Constructive Dismissal Solicitors help you?

 

Constructive dismissal claims can be difficult to prove. Our team can support you with:

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• Raising a grievance about your treatment and trying to resolve matters so that you can stay in your job

• Managing your exit if you decide to resign

• Helping you bring a claim in the employment tribunal if you have already resigned and your employer does not want to explore settlement

 

If you believe you have been forced to resign from your job due to a breach in your employment contract from your employer, you could make a claim for constructive dismissal.

 

To find out more about how you can claim for constructive dismissal, book your initial call today.

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