Constructive Dismissal

Constructive Dismissal means that your Employer has acted in such a way towards you that allows you to leave your job and treat yourself as dismissed.

Whilst your Employer has not actually fired you, they may have brought your employment to an end by their behaviour. An example of this would be where your employer persistently bullies or intimidates you, forcing you to leave your job.

If your contract has been brought to an end in this way, then you would not be required to work your notice.

Breach of Contract

Not every action an employer takes will amount to an actionable breach of contract. However, if an you feel that your employer has fundamentally breached your contract of employment without reasonable cause, you may consider resigning and claiming constructive dismissal.

It is always worth seeking advice before resigning and claiming constructive dismissal, as without the proper proof and proper procedures, it can be difficult to prove constructive dismissal.

 Our team can advise you on the kinds of proof required to prove constructive dismissal, and help you to decide which venue would be the most appropriate in which to bring your claim.

Making a claim for Constructive Dismissal

A Constructive Dismissal claim may either be brought about by one particular incident or it may be a series of incidents culminating in a 'last straw'.

The time limit for a claim to the tribunal is 3 months minus one day from the date of termination or breach.

Unfortunately, Constructive Dismissal is not always easy to prove and it is important you consider your position very carefully before leaving your job. To prove Constructive Dismissal you need to show that your Employer's actions were sufficiently serious to force you to leave your job. It is not necessarily enough that you consider that your Employer has acted unreasonably.

Remember, the maximum amount an Employment Tribunal can award is £25,000. If your claim is worth more than this amount then you should pursue your claim to the ordinary courts such as the County Court.

Our employment solicitors can help you to decide what your next steps should be if you wish to claim for constructive dismissal.

What to do before making a claim

You should generally try and raise a grievance with your Employer before resigning, allowing them the opportunity to try and resolve the problem. Failure to do this could reduce any compensation that you recover by up to 25%.

A claim for Constructive Dismissal must be submitted to an Employment Tribunal within three months from date of your resignation.

To have a Constructive Dismissal claim, you need to consider:

• Have you been employed for 12 months? If you have not, then you cannot bring a claim for constructive dismissal
• Has your Employer broken an express term of your contract? Or
• Has your Employer acted in a way that will likely result in the break down of your relationship of mutual trust and confidence?
• Have you resigned?

What if you have not worked for one year?

If you have less than one year's service and do not have any discrimination element to your claim, you are in a very difficult position legally. You can of course raise a grievance on the matter in question, and we can assist in the drafting of a letter which can have a positive affect in improving your situation.

However, it is important to note that by raising any grievance you are vulnerable to dismissal if your employer takes exception, and in reality you will not likely have a legal remedy if this does happen.

Of course, this would depend on the procedure followed and grievance raised.

Disappointing as this may be, it at least puts you in the picture regarding your legal rights and you may well adopt a different strategy to deal with the issue. For example, you may decide to 'keep your head down' until the one year's service has passed or to compromise with your employer on a particular issue for the time being.

Get advice!

If you think that your situation may be one of constructive dismissal, our employment solicitors may be able to help you make a claim. Call freephone 0800 422 0241 or complete our contact form and we will get back to you.