Constructive Dismissal Claims. Protecting your rights. Workplace relationships can break down in ways that make your position untenable. Whether you’re facing a hostile environment, significant contract changes, or other serious issues, we understand the impact this has on your life and career. Our experienced employment lawyers will help you understand your rights and guide you through your options. Grounds for constructive dismissal. If you are forced to resign due to the way you are treated, then provided that the employer’s conduct reaches the threshold of a fundamental breach of an express or implied term of your contract of employment, you may have grounds to pursue a claim for constructive dismissal. There are various situations in which a claim for constructive unfair dismissal could arise. For example: Your employer imposes a pay cut or change to your working hours; your employer takes no action to protect you against bullying or harassment or disregards any formal grievance raised by you; or against your express wishes, you may be moved to a different job. In such circumstances, you might feel that you have no option but to end the employment relationship as a result of the Employer’s actions or omissions. In these circumstances we can advise you on the merits and likely value of a potential claim for constructive unfair dismissal. We can also assist you in filing and managing an employment tribunal claim where appropriate. As an alternative to your resigning and claiming constructive unfair dismissal we can advise and if necessary, draft a formal grievance. In some circumstances it may also be possible to negotiate an agreed exit with your employer, where a settlement sum is paid to you. It is important that you seek advice in connection with a possible constructive unfair dismissal as early as possible in order to maximise the options available to you and limit the impact of any delay on the strength of any potential claim. Taking action at the right time Timing is crucial in constructive dismissal cases. Early legal advice can help protect your position and keep your options open. Delaying action might affect the strength of your claim, as tribunals may view it as accepting the situation. Please contact a member of our team if you would like any further information. Get in touch Contact Mel McCrum Partner, Head of Department Employment 01737 854500 Message Connect On this page Contact our Employment team to find out more Get in touch
