How our constructive dismissal claims specialists can help

constructive dismissal claims frequently asked questions

Every case is different and largely depends on the evidence, the nature of the dismissal, and, of course, the information provided by the employer or organisation.
If you’re wondering whether you can claim constructive dismissal without resigning, you must have terminated your contract in order to claim constructive dismissal compensation. Legally, you are allowed to give notice and still claim this type of dismissal. If you work your notice, your employer could argue that the working relationship hasn’t broken down. You must make it clear in your resignation letter that your reasons for leaving are directly related to your treatment at the organisation, and that your employer has breached the employment contract.
We recommend that you speak to one of our constructive dismissal solicitors in the first instance. As part of due process, you must engage in the mandatory Advisory, Conciliation and Arbitration Service ‘ACAS’ Early Conciliation process before the time limit. This route is compulsory for most claims and must be completed and a certificate issued by ACAS before you can lodge a claim with the Employment Tribunal. Our constructive dismissal lawyers may be able to support you through this process depending on your circumstances.
Some examples of non-contractual grounds for a constructive dismissal claim could be:
  • Your employer has failed to take reasonable steps to prevent colleagues or managers harassing or bullying you
  • Your employer has made unreasonable changes to your working conditions, such as changing your place of work to somewhere completely unattainable
  • Your employer has failed to support you to perform your role. For example, they may have refused to provide you with adequate training, or even neglected to train you at all
  • Your employer has failed to make your working conditions safe in compliance with Health and Safety regulations
  • The trust and confidence in the employment relationship has fundamentally broken down.
It’s important to note that if you raise any of the above issues, whether contractual or non-contractual, and your employer ignores to resolve these issues and continues to neglect your contractual rights (to the point where you feel all you can do is resign), you may be eligible to bring a constructive dismissal claim.
Any employee can make a claim for constructive dismissal against their employer, as long as they’ve worked at the organisation for at least two years. As resigning is a big step for anyone, it is important that you carefully consider your options and seek professional advice where necessary. Proving constructive dismissal can be difficult, so you should try and gather as much evidence as possible, especially if you are still employed. Nobody should be made to feel this way about their working life. This is why it’s so important to seek the right advice, so appropriate action can be taken.
Constructive dismissal is when you feel the need to resign because there has been a fundamental breach of your contract of employment. Some examples include the following:
  • Your employer has failed to pay you
  • Refusal to provide you with work
  • You’ve been demoted with no justification
  • Your employer has removed contractual benefits you are entitled to
  • Changes have been made to your contract without your visibility or permission/consultation

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