Constructive Dismissal.

Put simply, constructive dismissal is when individuals have no other option 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:

• An employer pressuring an employee to accept unreasonable changes to their work. For example, an employer telling someone they must now work on Sundays when their employment contract is only for weekdays.
• Being demoted for no apparent reason. 
• Unsafe working environments. 
• An employer not acknowledging bullying or harassment in the workplace. 

If you’ve faced constructive dismissal and want to know your available options, please contact one of our solicitors on 020 3007 5500.

Example 1

Henry has been working at a garage for the last four years. He’s made several complaints regarding the safety of the equipment in the workplace. However, Henry’ employer has decided to ignore these complaints. Therefore, Henry has resigned from the company.

Example 2

Charlie has been working for an advertising company for five years. Despite producing extremely good results over the years, his employer has demoted him and put him on a lower salary without reasoning. Charlie is unhappy with how he has been treated and has resigned from the company.

Example 3

Rosie is the oldest employee at a software company and has recently turned 60 years old. Due to her age, she is subject to bullying behaviour from her work colleagues. Furthermore, Rosie’s employer has recognised the behaviour and decided to ignore it, so she’s decided to resign.

To claim constructive dismissal, the employee who resigned will need to prove that the employer’s actions broke the terms of the employment contract. However, this can be difficult and will require the employee to gather hard evidence to support the constructive dismissal claim. 

Some common examples of supporting evidence include:

• Lodge a formal grievance. It is important when making a grievance that you ensure it’s in writing and that you have a copy. A key benefit of raising a grievance is that it makes your employer aware of the issue at hand. Furthermore, it will go on file meaning it can potentially be used as evidence in your claim.
• Lodging a grievance. Firstly, to see whether your working conditions align with the breach of contract. If so, it may be useful to leave the company. However, it’s essential to speak to a constructive dismissal solicitor before making this decision to understand how and when to resign.
• Resignation Letter. When you resign, it’s vital that you cite your employer’s fundamental breach of the employment contract in your resignation letter. Citing this breach in your resignation letter can later be used as evidence to support your claim.
• Additional evidence. Evidence for constructive dismissal can come in various forms. For example, suppose your employer is making late payments. In that case, you can use copies of your bank statements and payslips to prove the late payments. A constructive dismissal solicitor will help you identify and obtain the best evidence for your unfair dismissal claim.

To contact one of our solicitors, please give us a call on 020 3007 5500.

When it comes to constructive dismissal, you must bring the claim within three months from the day you left your job.

To make a claim, you must proceed through the following steps. 

1. Deciding 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 claim for constructive dismissal.

2. Identify whether you’re eligible to make a constructive dismissal claim.

When claiming constructive dismissal, you must meet the criteria for the claim. The requirements are as follows:

• You’re an employee who has been employed 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 from the date you resigned.

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 a constructive dismissal solicitor, please call us on 020 3007 5500.

In a constructive dismissal case, the cost depends on the type and severity of the constructive dismissal case. Therefore, in a constructive dismissal case, our solicitors will always require an initial consultation first.

In this initial consultation, our solicitors guarantee:

• Unlimited time to discuss the details of your constructive dismissal case and ask any questions you may have.
• An overview of your legal standpoint and available options.
• A clear time and fee estimate for your constructive dismissal case.

To contact one of our constructive dismissal solicitors, please call us on 020 3007 5500.