Have you felt the need to resign from your role, due to poor treatment in the workplace? Has the relationship between you and your employer completely broken down, due to them neglecting to acknowledge your employment rights?
If you’re feeling completely let down by your employer, and feel as though you have no other option to but to resign, then you could be eligible to bring a constructive dismissal claim. Call us 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 and welcome 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 constitute constructive dismissal.
So, what constitutes constructive dismissal?
This is when 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
An employer simply acting unfairly or unreasonably will not be enough to justify a constructive dismissal claim.
What else could be grounds for constructive dismissal claims?
Some examples of non-contractual reasons 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 help you 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?
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. If you’ve already been forced out of your job, or unfairly dismissed in some other way, our employment team may be able to help. Call us now on 0808 164 0808.
Making a claim for constructive dismissal
You must act quickly, as you only have three months less one day from the date of your constructive dismissal to file a claim.
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 solicitors may be able to support you through this process depending on your circumstances.
It is vital you act as soon as your employment is terminated to ensure you do not miss the opportunity to bring a claim. The early conciliation process can take up to six weeks, which is why acting fast is so important.
How long does a constructive dismissal case take?
Every case is different. Some could take a lot of time depending 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?
You must have terminated your contract in order to claim constructive dismissal.
Legally, you are allowed to give notice on your role 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.
Get in touch with our constructive dismissal solicitors
We understand the stress and uncertainty that any type of employment claim can pose on employees. That’s why our team of employment lawyers are dedicated to ensuring anyone who has been constructively dismissed receives fair, expert legal advice. If you require further guidance on constructive dismissal, get in touch with us today. Call us free on 0808 164 0808.
DISCLAIMER: In general you have three months less one day from the constructive dismissal 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 six weeks 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.