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Advice Following Constructive Dismissal
If you have left your job as a direct result of a breach of contract by your employer, the constructive dismissal 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.
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.
What Our Clients Say
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 "
I really appreciate all your help
A testimonial regarding Claire Deane from a client who had suffered pregnancy discrimination
"I received your letter today with my settlement monies. I really appreciate all your help with this. I am so glad it's over with now. "
A client that had suffered pregnancy discrimination
Jennifer Smith, Resilient and Tenacious
Jennifer Smith's client sent the following praise; 'One of the most cutting and stressful emotion that any human being goes through in a legal case is the stress suffered from knowing you are innocent but being unsure how to never lose that in any case presentation and dialogue.
The other party will use any predatorial fragmenting almost malicious, distractive methods to undermine and unfocus the justified claim. I found Jennifer was always there at hand through the whole journey and answering any and all queries I was going through at anytime of the day. She was a constant, solid, wise and balancing companion throughout my journey. I know we had an official client business relationship but I felt that she was my dear friend steadfast throughout the whole legal process. She was a kind and patient listening ear throughout my case and this cutting edge attention to detail and solid support throughout the whole process leaves me with no other emotion but deep gratitude. The final resolve in my favour was totally down to the resilience and tenacity of Jennifer, who after knowing that I was innocent stood by me to the final punch'.
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'.
Thank you for the very efficient and professional service
Feedback from a satisfied client regarding Claire Deane
"I just wanted to say thank you for the very efficient and professional service you gave whilst dealing with my claim. My employer has now paid the monies owed and the situation is now resolved. Once again, many thanks."
Mr C, Yorkshire
Impressed by Laura's wise advice and professionalism
Mr D from Cheshire Sincere thanks to Laura Skelly
"It appears that Laura Skelly has successfully negotiated a conclusion to my long running battle. As a professional person who has been around financial services for 25 years, may I take this opportunity to pass on my sincere thanks as I have been truly delighted and hugely impressed by Laura's wise advice and professionalism...she is a class act.
I will not hesitate in recommending her to any of my many friends or colleagues should any of them find themselves in a similar position to me."
Mr D, Cheshire
Positive feedback about Jennifer Smith
Positive feedback from a client that Jennifer Smith has just advised on a compromise agreement
"Thank you so much once again, you have turned an unpleasant experience into a positively pleasant one "
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
Thank you for all your help
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
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
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.