Constructive Dismissal

If you resign from your job as a result of your employer's behaviour then it may be deemed to be constructive dismissal. It is always a drastic step for an employee to resign with the aim of taking their employer to an employmet tribunal claiming constructive dismissal.

Such cases can be difficult to prove and the employee must show that:

  • The employer has committed a serious breach of contract
  • You believed you were forced to leave as a result of that breach
  • You have not done anything to suggest you accepted their breach

Claim for Wrongful or Unfair Dismissal

If an employee is successful with such a claim then damages for wrongful dismissal can be sought. If the employee also has sufficient service then a claim for unfair dismissal can also be made.

As with many employment law difficulties, where problems are present in the employer - employee relationship both parties should take steps to discuss the situation and to seek an amicable way forward. There should be clear workplace policies for handling such situations and these should be closely followed.

If you are an employee facing a constructive dismissal situation then please contact our employment law solicitors to discuss how we can help. It would be advisable to do so before taking any particular course of action, advice should always be sought at an early stage.


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