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Advice on Constructive Dismissal
If you have left your job as a direct result of a breach of contract by your employer, or are considering resigning because of something your employer has done, the employment solicitors at JMW are here to help. Should you be entitled to it, we can help you make a claim for compensation, or we can provide invaluable guidance as you take the case to an employment tribunal, or help with pursuing a grievance, or assist with exit negotiations.
We have years of experience providing expert legal advice and services to people who believe themselves to have been the victim of constructive dismissal. Both claiming compensation and taking a case to an employment tribunal require rigorous attention to detail and an understanding of complex legal issues; for this the assistance of a specialist legal team is essential.
Significantly improve your chances of securing the outcome you deserve by getting in touch with our team today. Do so by calling us on 0345 872 6666 or by completing our online enquiry form, which will enable us to give you a call back at a time convenient for you.
Constructive dismissal is the name given when a serious breach of contract has been committed by an employer, and their conduct is so that it entitles an employee to resign in response. Such conduct on the part of an employer is often referred to as a 'repudiatory breach'. In such instances, the employee is in a position to treat their resignation as a dismissal.
In some instances, it may be that a continuing pattern of behaviour can amount to a breach when taken as a whole. This, however, would require that the final incident that ultimately led to the resignation must contribute along with all of the other incidents that have occurred.
It is important to remember that any suggestion that you may have waived any breach by your employer could come back to damage your case. Examples of when this might happen include:
- Stating in an email that you are happy with any changes
- A significant delay in lodging a resignation or grievance (this might happen if you subsequently take a long time off sick, for example)
You should seek to start the process for claiming constructive dismissal as soon as possible, as for most claims it is required that you begin proceedings within three months less one day from the day that you resigned. It is therefore imperative that should you believe you have been the victim of constructive dismissal, you speak to an experienced legal team that can advise you of the next steps to take.
There are several situations that are serious enough to warrant constructive dismissal. These include:
- A serious breach of your contract, for example not paying your salary
- Bullying, discrimination, violence or harassment
- Being forced to work in dangerous conditions
- Being forced to accept unreasonable changes to working conditions without your agreement
In addition, there are certain conditions that need to be proven to show the situation is constructive dismissal:
- That the employer committed a serious breach of contract
- That you felt forced to leave because of the breach
- That you have not done anything to suggest you have accepted the breach
The expert solicitors at JMW can provide guidance and support to help you establish a strong case for constructive dismissal, which could potentially lead to you receiving compensation for what you have been through.
However, there is a lot of groundwork to put in first. Cases like this can be fraught with legal complexities and sometimes success rests on certain issues, such as not being able to get testimonies from colleagues. We will carefully analyse your case and evidence, and lay the foundations for a positive outcome with the minimum of hassle and stress to you.
What Our Clients Say
Jennifer was intuitive in the handling of the case
A testimonial for Jennifer Smith from a satisfied client:
"Jennifer was intuitive in the handling of the case, professional and experienced enough to be able to advise her client appropriately and - despite her youth - brought a wisdom to the case management that I was able to enjoy and admire. I was privileged to depend upon those qualities throughout the time the case was proceeding. Should the requirement be there again to engage such a professional, Jennifer would be my first choice."
Satisfied Client, February 2012
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Positive feedback from a client that Jennifer Smith has just advised on a compromise agreement
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Satisfied Client, February 2012
A big thank you for helping me
A thank you from Mrs P, Manchester
"I guess this now draws a line under what was a very unpleasant experience last summer. And a big thank you for helping me sort it all out. You have been very professional throughout and are a credit to your employers. I reckon you have a successful career ahead of you. "
Mrs P, Manchester
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A testimonial regarding the employment team at JMW
"Thank you for all your help. I know it is not over yet, but I do appreciate all the help received by you, Claire and Ian in this matter. It has been a stressful time but JMW have been marvellous and helpful. I would also like to take this opportunity to thank you for your support and efforts and I will always recommend you to anyone who requires a solicitor."
Miss K, Lancashire
A testimonial for Jennifer Smith from a client
Her advice and communication were first class.
"Jennifer has just completed some work on my behalf to the highest standard. Her advice and communication were first class. She builds trust and confidence and really importantly listens. I am delighted to recommend Jennifer."
Satisfied client, December 2011
JMW's employment team are of a high standard
A testimonial from Mr V about JMW's employment team
"The employment team at JMW are of a high standard, approachable and easy to communicate with and a credit to the company "
Jennifer Smith, Calm and Focused
Jennifer's client said the following kind words following a six figure settlement; 'My case was a complex matter with several complicating factors, however with Jennifer acting on my behalf I felt confident throughout that we would achieve a successful outcome.
Her professional approach and understanding of the issues was truly incredible. She has an amazing ability to keep calm and focused and her friendly and caring attitude with me made a difficult process easier to deal with. She kept me fully informed and updated throughout and constantly reassured me along the way. The successful outcome of my case was achieved due to Jennifer's hard work and dedication and I will always remain grateful that Jennifer was my acting Solicitor'.
Mark Luby – Owner/CEO, European Braking Systems Limited
“I have consulted Ian Tranter at JMW on a number of occasions and have always received the legal guidance and the commercial perspective necessary to resolve the issue promptly and pragmatically. It is important for me to have trust in the judgement of our preferred professional advisers”.
Martin E Fishwick FRICS, Senior Partner, Jordan Fishwick Group
“With reference to JMW’s assistance and support in recent employment issues we like JMW’s realistic approach to the resolution of employment disputes.
We don’t have many but when we do, Ian Tranter invariably comes up with a few sensible alternatives to sort them out, as well as anticipating potential pitfalls in the future to enable us to take the appropriate preventative steps.
Very commercial and practical, I have recommended Ian across the Jordan Fishwick Group as well as outside it.”
Nigel Newton, Managing Director, Clark Telecom
“Some years ago I was involved in a tricky employment law situation and Ian Tranter provided me with invaluable advice and support that was legally strong and commercially sensible. I am still using Ian, and the JMW Employment Team, to advise my own company through its current challenges. They are clear, concise and commercial, with impressive service levels – what more could I ask for?”
Charlotte Beeley highly recommended by client
I required the services of an employment solicitor and I could not recommend JMW, in particular Charlotte Beeley highly enough. She is wonderful on the phone, quick with e-mail responses and quick to return calls. She was extremely empathetic of my situation and her professionalism was second to none. Highly recommend.
I have no qualms in highly recommending Jennifer
I cannot praise Jennifer enough for the way she helped me with a former employer seeking to block my way to a new start. Her friendly, thorough, and calm approach helped me throughout in what was a very stressful situation. Her excellent legal knowledge and a ferocious letter helped us swing the approach from defence to attack turning the whole situation around and putting my former employer and their solicitors on the back foot.
I have no qualms in highly recommending Jennifer. Thank you so much for ensuring my future career was not jeopardised!