CONSTRUCTIVE DISMISSAL

We are a firm of solicitors that operates in all areas of employment law. We are able to deal with constructive dismissal claims throughout the United Kingdom. We offer free advice on whether you have a good case, how to start a claim and how much it will be worth. We give clear advice on how we finance your claim which may include no win no fee arrangements in appropriate cases.

If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.

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This is where the employee leaves their job due to the employer’s behaviour. For example, the employer has made the employee’s life very difficult and the employee feels that they cannot remain in their job. When this happens the employee’s resignation is treated as an actual dismissal by the employer, so the employee can claim compensation. The employer's actions must have amounted to a fundamental breach of contract.

Examples can include:

• not supporting managers in difficult work situations

• harassing or humiliating staff, particularly in front of other less senior staff

• victimising or targeting particular members of staff

• changing the employee’s job content or terms without consultation

• making a significant change in the employee’s job location at short notice

• falsely accusing an employee of misconduct such as theft or of being incapable of carrying out their job

• excessive demotion or disciplining of employees

An employees constructive dismissal only proves that they were dismissed, it does not automatically prove that it was unfair. The employee has to go on and prove that it was also unfair.

An employee can resign over one serious incident or due to the build up of a number of incidents. However, the employee must resign soon after the incident in order to be able to rely upon it. Generally the actions of the employer must be a serious breach of contract.

This can be a tricky area, an employee can resign and claim due to the employer’s behaviour, but the employer could turn around and say that he (the employer) breached the employment contract, but that it was done, for example, because of the reorganisation of the business. The chances are that the employer will be given the benefit of the doubt. The reason for this is that Employment Tribunals do not like to interfere with business management.

If on the other hand the employee resigned because he or she thought that they had been treated too harshly over a disciplinary matter, it would be easier for the Tribunal to look for and find unfairness.

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If we represent you we guarantee:

We work on a No win No fee basis

You deal with regulated solicitors from the moment you call

Your claim will be handled by competent employment law professionals

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