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If you’ve been forced out of your job due to your employer’s actions, you may have a case to make a constructive dismissal claim.
For more information, please visit our employment law page. Furthermore, if you want to contact a solicitor today, please call us directly on 020 3007 5500.
What is constructive dismissal?
In simple terms, constructive dismissal is when someone has no choice but to leave their job because of their employer’s conduct.
Some common reasons why people leave their job and make a constructive dismissal claim include:
- Being demoted for no apparent reason.
- An employer overlooking bullying or harassment.
- An employer forcing an employee to accept unreasonable changes to their work.
- An example is an employer telling someone they must now work weekends when their employment contract is only for weekdays.
- The working environment isn’t safe.
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What are some examples of constructive dismissal?
Example 1
James has been working at an engineering company for the last five years. He’s made several complaints regarding the safety hazards in the workplace. However, James’ employer has decided to ignore these complaints. Therefore, James has resigned from the company.
Example 2
Margret is the oldest employee at an electronics company and has recently turned 70 years old. Due to her age, she is subject to bullying behaviour from her work colleagues. Furthermore, Margret’s employer has recognised the behaviour and decided to ignore it, so she’s decided to resign.
Example 3
Alex has been working for a digital marketing company for three years. Despite producing good results over the years, his employer demoted him and put him on a lower salary without reasoning. Alex’s is unhappy with how he has been treated and has resigned from the company.
How can I prove it?
To support a constructive dismissal claim, the employee who resigned will need to prove that the employer’s actions broke the terms of the employment contract. However, gathering proof to support the constructive dismissal claim is easier said than done.
To make a constructive dismissal claim, you will need to provide supporting evidence. Some common examples of supporting evidence include:
- Lodge a formal grievance. When you lodge this grievance, make sure it’s in writing, and you have a copy. There are two benefits of raising a grievance. Firstly, it makes your employer aware of your issue. Still, it can go down on file and potentially used later to support your reason for leaving.
- If nothing changes after lodging a formal grievance, check to see whether your working conditions align with a breach of contract. If so, it may be beneficial to leave. However, before making any big decisions consult with a solicitor first to understand how and when to resign.
- When you resign, ensure you spell out in your resignation letter that the reasoning is because of your employer’s fundamental breach of the employment contract.
When it comes to supporting evidence, this evidence can come in various forms. For example, suppose your employer is making late payments. In that case, copies of your bank statements showing the late payments can help support your claim.
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How can I claim for constructive dismissal?
Firstly, to claim constructive dismissal, you have a time limit to bring the claim. You must claim constructive dismissal within three months from the day you left your job.
To make a claim, you must proceed through the following stages.
- Work out whether you have a constructive dismissal claim. If you feel your employer has left you with no choice but to resign, you may have a constructive dismissal claim.
- Identify whether you’re eligible to make a constructive dismissal claim. When claiming constructive dismissal, you need to make sure you meet the criteria for making a claim. The requirements are as follows:
- You’re an employee who has worked for an employer for at least two years. If you’re not considered an employee or you’ve worked for less than two years, it’s unlikely that you’ll be able to make a constructive dismissal claim.
- You’ve claimed within three months of leaving your job.
- Get legal advice. If you’re happy that you’ve fulfilled the criteria of the previous stages, you should seek legal advice.
Do I have to resign to make a claim?
To make a constructive dismissal claim, you must resign. However, if you’re having problems with your employer but don’t want to leave, there are alternate options. For example, suppose your employer has broken some of the terms and conditions of your employment contract. In that case, you should proceed through the following steps:
- Raise the problem informally with your employer and try to find a solution.
- Raise a formal grievance if you’re within the time limit to make a tribunal claim.
- Seek alternative dispute resolution (ADR), such as mediation, to find a solution with your employer.
- Make a claim through the employment tribunal. When claiming to the employment tribunal, it’s beneficial to instruct a solicitor to ensure that your claim stands the best chance of approval.
How can Britton and Time Solicitors help?
If you’re looking at making a constructive dismissal claim, make sure you instruct an employment law solicitor to ensure you have the best chance of success. With every constructive dismissal case, our solicitors guarantee:
- You understand your legal standpoint and available options.
- We gather the relevant evidence to support your claim.
- You have the best chance of success with your claim.
To get in touch with one of our employment law solicitors, please call us on 020 3007 5500 or send an email via [email protected]
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