EMPLOYMENT LAW FOR EMPLOYEES
Constructive Dismissal Legal Support
Possible reasons behind a Constructive Dismissal
In its simplest form, constructive dismissal arises when the behaviour or actions of an employer, are such that they breach some term of the employee’s contract – leaving the employee feeling that they have no chance but to resign.
Reasons for constructive dismissal vary widely meaning that every case of constructive dismissal is different. Some of the most frequent include:
- Not being paid the correct amount with no good reason given, on a regular and consistent basis
- Bullying or unfair treatment in the workplace, at the hands of the employer, or by another employee with the employer’s knowledge.
- Making unreasonable adjustments to the workplace or arrangements of the employee, without a fair reason and without adequate discussion
Harassment on the part of the employer or by another employee with the employer’s knowledge.
Advice and Legal Services for Employees
Before terminating your employment by reason of constructive dismissal we recommend expert advice on your situation to get an objective view and some guidance on your options. It is only by understanding the issue fully that we can help you to identify the best steps to take, whether that be taking the issue to HR on an informal basis as a first step, or skipping the internal processes and carrying the issue straight to an employment tribunal.
Typically the help and support we will give you when you’re facing constructive dismissal falls into the following areas:
- Assessing your particular circumstances to determine whether treating yourself as constructively dismissed is the appropriate course of action for you;
- Negotiating terms of settlement for constructive unfair dismissal with your employer;
- Advising you on signing a formal settlement agreement;
- Employment Tribunal representation if no pre-tribunal settlement can be reached and it is necessary for you to bring a claim in the tribunal.
The ambit of our role is as wide-raging and versatile as you need it to be. Our employment lawyers can represent either party directly, or act as mediator between the two to facilitate an agreement.
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Constructive Dismissal FAQs
What are the correct steps to take as an employee during the constructive dismissal process?
What is constructive dismissal?
What might an employer do that could be considered constructive dismissal?
Can a single incident lead to a claim of constructive dismissal?
Do I need to exhaust internal grievance procedures before making a constructive dismissal claim?
Can I claim constructive dismissal if I voluntarily resigned?
Can I claim constructive dismissal if I was given a warning or disciplined?
What remedies are available for constructive dismissal claims?
How long do I have to make a claim for constructive dismissal?
What evidence do I need to support my claim of constructive dismissal?
Should I consult an employment lawyer for a constructive dismissal claim?
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