Constructive dismissal is when an employee is forced to leave a job because of how their employer has treated them. If you are considering resigning because of your employer’s conduct you should seek legal advice first, for a constructive dismissal claim, you must show that you attempted to resolve the problem and that resigning as a last resort.
How to claim for Constructive Dismissal
You will usually have the right to make a constructive dismissal claim to an employment tribunal if you have the status of an “employee” and have worked for your employer for 2 years.
Examples of constructive dismissal claims
There are various reasons why the employee may be forced to leave their job, including, we have listed some below:
- The employer has breached the employment contract.
- There has been harassment or bullying at work.
- The employer has made regular deductions from the agreed wages without reason.
- The employer has made unreasonable changes to working patterns.
- The employee has raised a grievance that the employer has not investigated.
There is usually an implied term of trust and confidence between the employer and employee. Your employer may be in breach of this implied term.
The criteria to bring a constructive dismissal claim are strict, you must show your employer has committed serious breaches of your contract and as a result you were forced to resign.
It is essential that the employee has attempted to resolve any issues or concerns with the employer. If the matter is unresolved, and the employee is forced to resign, the resignation letter should explain the reasons for leaving the job. If you have already resigned, we can advise you on your options.
Time limits in constructive dismissal claims
A claim for constructive dismissal must be made within 3 months less one day from the date of your resignation. The ACAS process must be followed before any claim is submitted.
For example, If you were dismissed on the 2nd of January, you would need to lodge your claim with ACAS before 1st April. We can assist you in filing for ACAS Early conciliation and entering into negotiations with your employer.
Why Adam Bernard ?
- Our accomplished London based employment lawyers are experts in handling constructive dismissal claims.
- We understand the complex nature of bringing a constructive dismissal claim and can provide a confidential and robust employment law service.
- We offer competitive fees and a structured payment plan tailored to your needs.
- See our client testimonies from previous constructive dismissal claims for more information.
If you suspect your employer has breached your contract and you have little option but to resign, book a consultation with us to discuss your potential constructive dismissal claim.