Constructive Dismissal

If you are forced to resign because of the way your employer has treated you, you may be able to claim "Constructive Dismissal". If this applies to you, we recommend that you contact a solicitor at Advantage Employment Law for an initial consultation.

At Advantage Employment Law, we usually carry out claims on a 'No Win No Fee' basis.

Awards for constructive dismissal are calculated on the same basis as awards for unfair dismissal and can be anything up to a maximum of £60,600.00.

Like unfair dismissal, a claim must usually be brought within 3 months of the end of your employment.

Constructive Dismissal - The Law

The following is a very brief outline of the law relating to constructive dismissal.

A constructive dismissal is where an employee resigns because the employer has acted in such an unreasonable way that the employee feels they can no longer continue in their employment.

1. Was the employer's conduct sufficiently unreasonable?

For a claim to succeed, the employee must show that the employer's conduct was so unreasonable that it amounted to a serious breach of the employment contract. Examples include:-

• Harassing or humiliating staff, particularly in front of others.
  
• Victimising or targeting particular members of staff.
  
• Changing the employee's job content or employment terms without consultation.
  
• Making a significant change in the employee's job location at short notice.
  
• Falsely accusing an employee of misconduct.
  
• Excessive demotion or disciplining of employees.
  
• Lack of support for employees in difficult situations.

2. Have you raised a grievance?

Before an employee can claim constructive dismissal, they must show that they have tried to resolve the employment dispute by means of a grievance procedure. This can be started before or after the end of the employment.

Very often, an employment dispute can be settled by way of a compromise agreement.

Please contact a solicitor at Advantage Employment Law for an initial consultation if you feel that you may be in a 'constructive dismissal' situation.