How to claim 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.
1. 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.
2. 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.
3. Get legal advice.
If you’re happy that you’ve fulfilled the criteria of the previous stages, you should seek legal advice. When bringing a constructive dismissal claim, you will need first to arrange an untimed initial consultation. This consultation will include:
- Unlimited time to ask any questions you may have and go through the details of your case.
- An overview of your available options and legal standpoint.
- A precise time and fee estimate for your matter.
If you want to talk to an employment law solicitor, please call us on 01273 726951.