A constructive dismissal claim may arise if your employer has seriously breached your contract of employment or it is threatening to do so. Although this is not an option to be taken lightly, the law may allow you to resign and claim constructive dismissal.
Should I Resign and claim constructive dismissal?
If you have not yet resigned but you are contemplating doing so then you should take early specialist legal advice as the law on constructive dismissal is not as straightforward as you may think. Resigning is a risky step to take so it’s best to make sure first, and if you delay you may lose the ability to claim constructive dismissal at all. It’s best to contact us straight away to clarify your position, and you may wish to consider taking one of our Gold or Platinum Care Packs to give you a guaranteed personal service from our senior employment solicitor who can advise you as to how to deal with this difficult issue.
We also offer a low fixed-fee service for claims assessment. For a fee which amounts to less than an hours work for most High Street solicitors we’ll review your case and advise you on whether you have a claim. If we subsequently win the case we’ll deduct the Pre-Claim Review fee from our success fee, so you won’t be out of pocket.
We can even help you if you’ve already started your claim in the Employment Tribunal. For a fixed fee we’ll review your claim and give you advice on drafting, tactics and procedure. And on top of that we’ll give you three months of support as your claim goes on, to maximise your chance of succeeding.
You won’t find any other employment solicitor who offers something of equivalent value for less (and if you think you have found an equivalent alternative product, talk to us as we’d love to know and we’re keen to remain the most competitive claimant employment law practice in the market).
I Have Already Resigned
Hopefully, your resignation will be justified if you have resigned because your employer’s conduct amounted to a fundamental breach of your employment contract and that you acted promptly in resigning by leaving because of that fundamental breach.
You should not delay in contacting us for specialist advice as to whether the circumstances that gave rise to your resignation will be sufficient to prove that you were constructively dismissed.
Examples of Constructive Dismissal
An employer may expressly breach your contract without your consent in a way that is fundamental by reducing your wages, benefits, employment status, hours or shift patterns without your consent. In other cases your employer may have behaved without reasonable and proper cause towards you in a manner that was always likely to destroy or seriously damage the mutual relationship of trust and confidence which should exist between employer and employee. Typically, by allowing bullying and harassment to take place at work, behaving in a high handed and aggressive manner towards you, publicly humiliating you, requiring you to work in unsafe working conditions or unlawfully discriminating against you.
Making A Constructive Dismissal Claim
Before you can bring a claim for constructive unfair dismissal before the Employment Tribunal you will be required to notify your employer of your grievance in writing, provide your employer the opportunity of holding a meeting with you to discuss the grievance, allowing you to be accompanied at any grievance meeting, issuing a decision to you and offering you the right of appeal against it.
If you do not pursue a grievance then you will still be able to bring your claim for constructive unfair dismissal but you may well find that the Tribunal will reduce your compensation award by up to 25%.
What Is My Constructive Dismissal Claim Worth?
Constructive dismissal is a form of unfair dismissal and is assessed by reference to your age, length of service, amount of earnings, whether you have found a new job and giving credit for any new earnings, taking into account whether or not you job would have ended for some other fair reason and when. We will be able to provide you with a realistic value of what we believe your claim to be worth and how your claim can be funded.
Are There Any Qualifying Conditions?
As constructive dismissal is a form of unfair dismissal you must comply with all of the general qualifying conditions of being an employee working under a contract of employment who is not otherwise excluded and that you start your claim within 3 months of the date of the effective date your employment was terminated. You should not delay in seeking specialist advice to ensure that you meet all of the qualifying criteria and bring your claim within the statutory time limit.