Constructive Dismissal

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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.

What is Constructive Dismissal?

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.

Examples of Constructive Dismissal

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

Why Choose JMW?

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.

Talk to Us

Find out more about claiming constructive dismissal compensation and how we can assist by getting in touch with us. Simply call us today on 0345 872 6666 or allow us to contact you by leaving your details via our online enquiry form.