constructive dismissal claims

If you believe that your working conditions have become intolerable and amount to a fundamental breach of an express or implied term of your contract, it may be time to consider taking legal action. However, before you do so, it is essential that you consult with a lawyer. In many cases, it will be possible to reach a negotiated settlement with your employer, rather than having to take the matter further to an employment tribunal. However, this will normally depend on whether or not you can show that the employer has breached your contract in a way which makes it impossible for you to remain in your job, or on the availability of similar employment.

It is important to remember that you need to have resigned because of the breach of your contract, and not for some other reason. In addition, the contract breach must be serious enough to justify your resignation. The sort of conduct that can lead to constructive dismissal includes: Examples might include moving you into a much inferior workplace, drastically changing your shifts (e.g. switching from a 9-5 to overnights) or removing you from core team activities without justification. It can also include refusing to address your grievances, or failing to do so within a reasonable period of time. Allowing or turning a blind eye to harassment, discrimination or other inappropriate behaviour by colleagues also amounts to a breach.

You need to be able to prove that your employer’s breach made it impossible for you to remain in your job. The most straightforward way to do this is to resign, but it is vital that you do so at the earliest opportunity. This is because, if you wait too long, the court might decide that you have tacitly accepted your employer’s conduct, and that you have not been unfairly dismissed.

Handling constructive dismissal claims?

If you decide to resign, it is important that you do so in circumstances where an objective third party would find it unreasonable for you to remain in the job, taking into account the impact of the breach on your wellbeing. It would also be helpful to have evidence that you attempted to raise your grievances with your employer and that these were not dealt with.

Only around 5% of claims for constructive dismissal lawyer succeed in winning compensation in an employment tribunal. Compensation for a successful claim will be calculated on the basis of your salary, length of service, age and the availability of similar employment.

If you have a strong case for constructive dismissal, an experienced employment lawyer can help you to secure a suitable settlement with your former employer. Bringing a claim to an employment tribunal can be costly and time consuming, so it is often more practical to negotiate with your employer. In most cases, this will involve the employer offering a lump sum payment to cover your loss. However, it is essential to have a lawyer on your side to ensure that the offer is fair and adequate.