Constructive Dismissal
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Constructive Dismissal Lawyers
What is Constructive Dismissal ?
Constructive dismissal is where an employee is forced to leave their job because an employer has breached their contract.
Leaving a job position this way can be considered a serious contractual breach. But based on their grievance, constructive dismissal seems like the only option.
The grounds for constructive dismissal will depend on how unlawful the misconduct or behaviour was.
Examples of Constructive Dismissal
A claim for constructive dismissal requires proof of contractual breach that is so serious it goes to the root of the employment relationship. Common examples of breaches of contract that could form the basis of a claim could therefore include:
- Reducing an employee’s pay or not paying them at all
- Taking away other contractual benefits, such as a company car
- Demoting an employee without fair warning
- Making unreasonable changes to an employees’ working hours or place of work
- Forcing an employee to work in breach of health and safety laws.
Who can bring a claim for Constructive Dismissal?
The minimum employment period required before you can claim for constructive dismissal in the employment tribunal is 2 years of continuous employment.
This is the same as normal unfair dismissal.
If you have less than 2 years under your belt, then unfortunately it means that it’s easy for your employer to dismiss you or take action that forces you to resign (even if it feels blatantly unfair) and face no legal consequences.
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Facing an employment law issue can be daunting. Let us help. Contact our specialist team for confidential and practical legal advice tailored to your needs. Fill out the form to start the conversation for free.
How We Can Support You
Constructive dismissals are serious and must be dealt with through the correct process. Employees shouldn’t be made to feel as if they need to resign or feel uncomfortable at work. Our team of specialist employment law layers, can review and advise you on the strength of your case, negotiate a settlement agreement on your behalf, or work with you on your employment tribunal case.