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How our constructive dismissal claims specialists can help

If you’re feeling completely let down by your employer, and feel as though you have no other option but to resign, then you could be eligible to bring a constructive dismissal claim. Call our constructive dismissal solicitors now on 0808 164 0808 or request a call back.

What is constructive dismissal?

Constructive dismissal is a term used to describe when an employer has made an employee feel as though they have no choice but to resign from their role. Usually with constructive dismissal claims, the employee will feel this way but the employer won’t have actually dismissed them.

Being made to feel pushed out of a role is unacceptable. Every employee should feel accepted at their workplace, and not as though they have no choice but to resign. While an employer failing to acknowledge your employment rights is serious, not all breaches of an employment contract would give rise to a constructive dismissal claim.

If you’ve been dismissed and your employer has breached your contract in the dismissal process, this could amount to wrongful dismissal. Find out more >>

Call us free today to see how we can help you understand your options on 0808 164 0808, or request a call back if you’d like one of our no-win, no-fee experts to call you.

constructive dismissal claims frequently asked questions

How long does a constructive dismissal case take? toggle accordion
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.

Can you claim constructive dismissal without resigning? toggle accordion
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.

How to claim constructive dismissal toggle accordion
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.

What else could be grounds for constructive dismissal claims? toggle accordion
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.

Who can claim constructive dismissal? toggle accordion
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.

What constitutes constructive dismissal? toggle accordion
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

How we can help with constructive dismissal claims

  • Working with you to understand what’s happened
  • Determining the appropriate next steps
  • Doing everything we can to achieve the best possible outcome

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Our constructive dismissal claims experts are here to guide you

Neha Thethi

Head of Employment

Employment

Lucy Needham

Litigation Legal Assistant

Employment

Other Types of dismissal claims we can help with

Unfair dismissal → Wrongful dismissal →

Get in touch with our no win, no fee constructive dismissal claims solicitors today

If you need to talk to someone sooner you can call us for free on 0808 164 0808

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Disclaimer

In general you have three months less one day from the most recent act of discrimination or breach to take action, meaning you should act fast.

We recommend you speak to one of our lawyers in the first instance. As part of the process, you’ll need to get in touch with the Advisory, Conciliation and Arbitration Service (ACAS), who will aim to achieve early conciliation with your employer. However, our lawyers can assist in this process where appropriate and we have formally been instructed.

Please be aware that the ACAS process can take up to around a month to complete, which will be taken from the three months you have to begin with. It’s important to act quickly in order to bring a tribunal claim. If the conciliation procedure is unsuccessful, we may be able to support you with the tribunal. If you feel you have a potential employment claim please act quickly and contact us today.

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