Constructive Dismissal
Employment Tribunal Claims
Call 0208 313 5121 or Make an Online Enquiry
What is Constructive Dismissal?
In Employment Law, constructive dismissal is where an employee is forced to resign because of their Employer's behaviour. The employee must prove that the behaviour was unlawful — that their employer's actions amounted to a fundamental breach of their Contract of Employment, also known as a “repudiatory breach of contract".
For example in the United Kingdom, a claim for “unfair dismissal” and/or “wrongful dismissal” may arise if you feel you have been forced to resign as a result of your Employer’s behaviour, or if you believe your Employer is in Breach of your Contract
of Employment.
If you would like legal advice on making a Claim for Constructive Dismissal, call our Employment Law Solicitors on 0208 313 5121 or make an Online Enquiry with our Employment Law Department
What is Breach of Contract?
There are many reasons why a Claim for Constructive Dismissal may be brought against an Employer and typical breaches of contract could include:
- A serious breach of contract (e.g. failure to pay wages or sudden demotion without reason)
- Breach of working time regulations without your agreement
- Discrimination, Bullying or Harassment of an Employee on the grounds of disability; race; sex; age; sexual orientation; religion or belief
- Forcing a radical or unreasonable change in your conditions of employment without your agreement
- Forcing a change in location of the Employees place of work at short notice
- Unreasonable and excessive disciplining of an Employee
This is a non-exhaustive list and Constructive Unfair Dismissal can be complex in which various procedures are followed and different solutions available.
You should be aware that not resigning promptly in the event of a Breach of Contract could be deemed as acceptance of the breach and a tribunal will not be able to regard the breach as a fundamental Breach of Contract.
You should first establish if you have a case for Unfair or Wrongful Dismissal following a Breach of Contract, so it is advisable that you should take specialist Employment Law legal advice before resigning.
There are various measures that should be followed including the statutory Grievance Procedure, in order for a Constructive Unfair Dismissal Claim to be successful.
If you have been forced to resign or you are considering resigning, due to your Employers conduct, Contact our Constructive Dismissal Solicitors on
0208 313 5121 or make an Employment Tribunal Claim enquiry online.
Employment Tribunal Claim - How Can MTA Solicitors Help You?
Our dedicated Employment law Solicitors are on hand to guide you through the right course of action, providing straightforward, clear-cut and realistic legal counsel and assistance. We will assess your case and expertly consider the strength of your claim. Make an Online Enquiry today and we will contact you to discuss your case.
Our Employment Law Solicitors will quickly be able to tell you if we can help you claim compensation from your Employer and assist you with collection of the documentation you will need for your case, working with you to find the best possible solution tailored to you and your situation.
We realise how daunting and stressful making an Employment Tribunal Claim can be. We take a caring and sensitive approach with our clients, and will guide you through every aspect of your Constructive Dismissal Claim, making sure you are regularly updated on the progress of your case, communicating with you every step of the way.
We are a fully regulated firm of solicitors, governed by the Solicitors Regulation Authority and a member of The Law Society so you can be assured of the utmost service and attention.
There could be other solutions available including Mediation. Our Employment Law Solicitors have the expertise to advise both Employers and Employees from anywhere in England and Wales, helping both parties avoid the need to issue proceedings if possible, resolving the problem in an efficient and cost-effective manner.
What Should I Do Next?
Starting the Employment Tribunal Claim Process
The reason for leaving your job must be serious and should be the last resort; you should raise any issues with your employer first, trying to sort any problems formally via your company’s standard grievance or disciplinary procedure as in most cases you will be required to do this before taking legal action.
Ideally you should:
- Speak with your Manager first, explaining why you are unhappy.
- If the problem is with your Manger, speak with your Company’s HR
(human resources) department, your manager's manager or another
head of department.
- Speak with an Employee Representative (e.g. a Trade Union Official)
if you have one
- Try using the help of a third party mediator or conciliator for example:
ACAS (the Advisory, Conciliation and Arbitration Service)
- Speak with one of our Employment Law Solicitors
You should be aware that in most cases there are time limits for making a claim for Constructive Dismissal.
In most cases, you should make your application within three months of either the date that:
- You resigned
- Your employment ended
- The matter your grievance is about happened
You should act quickly if you think your Constructive Dismissal Claim may already be out of time or the end of the three month period is close.
If you would like to discuss your Employment Law grievances, please call 0208 313 5121 or complete our short online Employment Law Enquiry form.
In all cases, our initial Constructive Dismissal Claims advice is free and of course strictly confidential. MTA Solicitors LLP may be able to pursue your compensation claim on a no win no fee basis, we will assess your situation and apply the correct course of action, tailored to suit your needs.
Have you had an Accident at Work?
Have you or a loved one suffered an injury through an Accident at Work? Or do you suffer from an occupational or industrial related disease? If you have been injured at work and your Employer is to blame, even if you were partly at fault or it was caused by a fellow worker, it is your legal right to make a Compensation Claim for Personal Injury.
MTA Solicitors have an experienced Personal Injury department, specialising in Accidents at Work and Industrial Disease Claims. They will quickly be able to assess your case and help you gain the compensation you deserve. We will work with you and guide you through the right course of action in pursuing your Personal Injury Claim.
Call 0208 313 5116 or complete our short online Personal Injury Claim enquiry form and one of our Legal Advisors will contact you. back to the top