A constructive dismissal occurs when an employee resigns and shows that they were entitled to do so because of their employer’s actions. An employee will often rely on an employer’s fundamental breach of the implied term of mutual trust and confidence. This implied term underpins all employment relationships.
Examples of a fundamental breach of trust and confidence by an employer include:
• Acting unreasonably towards you which makes it impossible for you to work;
• A forced reduction in salary or other benefits;
• Harassment, bullying or an act of discrimination;
• Not providing you with a safe working environment;
• Suspending you without a good explanation;
• Demoting you without good reason;
• Starting a poor performance or disciplinary process that is grossly unfair;
• Altering your duties, role or reporting lines without good reason.
It is important to obtain legal advice as soon as possible as the timing and reasons for your resignation including any decision to delay are likely be critical to the success of your claim.
If you believe you have a constructive dismissal claim, you must make a claim to an employment tribunal within three months of the date of your resignation. This is a strict legal deadline. You will need to have at least 2 year’s continuous service with your employer to be able to make a claim. It is recommended that you submit a formal grievance to your employer before resigning. A failure to submit a formal grievance before resigning means that a tribunal can reduce any compensation awarded to you by up to 25%. You must also complete the ACAS pre-claim conciliation process before being allowed to submit your claim to a tribunal.
How can we help you?
We have extensive experience of handling constructive dismissal claims and can provide you with comprehensive advice on your options including the amount of compensation you might receive if you win. We can also help you with any settlement negotiations as an alternative to bringing a claim.
We will always offer you a FREE, no-obligation telephone consultation followed by a reduced fixed fee meeting to give you comprehensive advice and support on your employment issues.
We can advise you either by telephone or at a face-to-face meeting at our offices. We also offer out of hours and weekend appointments to help you to obtain early advice and support.