EMPLOYMENT LAW

Constructive Dismissal

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Expert Constructive Dismissal Solicitors

Constructive Dismissal claims are stressful for both employers and employee. An experienced Employment Law Solicitor can help negotiate and secure the best and fairest result and give you the peace of mind. Our expert Employment Law team are well equipped and ready to help you.

If you’re dealing with a former employee’s Constructive Dismissal claim it can be easy to be reactionary and put yourself in a worse position than you otherwise would be in if you had received expert advice from the outset. It’s always better to get advice as soon as a situation arises, or better still in anticipation of a problem, to avoid any potential further complications and get the best chance of a positive resolution.

What Constructive Dismissal Related Services do we provide?

There are a few options open to an employee who has been constructively dismissed, particularly if they think the dismissal is unfair.

The first option is for them to go to an Employment Tribunal and sue their employer for constructive unfair dismissal. But, bringing a claim in the employment tribunal can be quite slow and expensive, and there is always the possibility that the employee will not win. In almost every case there will be some discussion and opportunity for negotiation before an employee takes the leap of issuing a claim in the Tribunal. The right dialogue before a claim is issued might successfully persuade an employee that a threatened claim has no merits at all, or negotiate a settlement that is substantially less costly than the cost of going to Tribunal and any award to the employee that a Tribunal might give. If attempts to negotiate a resolution aren’t successful and an employee issues a claim we can represent the employer at the Employment Tribunal, with the aim of achieving the best outcome possible.

The second option is a Settlement Agreement, this is where an employer and the former employee come to an agreement without going to an Employment Tribunal. Settlement Agreements save a lot of time and stress for both parties. The compensation the employee would receive may be lower than they would get if they took the case to an Employment Tribunal and won. Our expert team can mediate between you and the employee to come to an agreement and create the legally binding Settlement Agreement to bring the dispute to a close.

Constructive Dismissals FAQs

What is Constructive Dismissal?

Constructive dismissal refers to a situation where an employee resigns from their employment as a result of a breach of a fundamental of their contract of employment by their employer.  The employee can then ‘construct’ a dismissal out of their resignation. 

A breach of a fundamental term of the employee’s contract can include, for example, where the employer:

  • Does not pay the employee when they should do.
  • Makes unreasonable changes to the requirements of the employee’s job, such as changing their working hours, benefits, seniority of pay without a good reason.
  • Undermines the trust and confidence the employee has in them by, for example, letting other employees bully or harass an employee, demoting them without good reason, disciplining them without reason or not paying them as they should.

To be successful in a claim for constructive dismissal, the employee will need to show that they resigned on the basis of their employer’s breach of contract, and not for some other reason. They will also need to show that they didn’t delay too long. If they did wait too long, they may be deemed to have accepted the breach of contract, and not be able to rely on it to show that they’ve been constructively dismissed.   

Constructive Dismissal vs Unfair Dismissal

Unfair dismissal is where an employee is dismissed in circumstances where their employer hasn’t got a fair reason to dismiss them and/or they’ve dismissed them but they’ve not followed a fair procedure click here to visit our unfair dismissals page.

If an employee wants to claim unfair dismissal, they’re going to need to show that they’ve been dismissed.  This may be actual dismissal, where the employer ends the employee’s contract of employment with or without notice.  Or, it could be a constructive dismissal, which is where an employee resigns as a result of their employer breaching a fundamental term of their contract of employment. 

Are all constructive dismissal cases unfair?

No they’re not. To claim that an employee has been constructively unfairly dismissed, you have they must show that they’ve been constructively dismissed, and that the dismissal was unfair in all the circumstances of the caser. So, even though it is likely that an employee may be able to show that their dismissal was unfair if they can show that they’ve been constructively dismissed, it is not always the case. In some circumstances a constructive dismissal may be fair. For example, if an employer doesn’t pay an employee on time, this can lead to a theoretical claim of constructive dismissal. But if it was the bank’s fault, it may not be an unfair dismissal. 

Employment Law Specialists at Atkins Dellow

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