CONSTRUCTIVE DISMISSAL

Constructive dismissal occurs when your employer has treated you so badly that you have no choice but to resign. This can happen for contractual reasons, such as when you have not been paid, but can also happen because you have been subjected to discrimination, victimization, or harassment in the workplace. It can also happen if the trust and confidence in the employment relationship has fundamentally broken down.

If you believe that your position at work has become untenable, it is a good idea to talk to an employment solicitor to find out if you may be able to resign and then bring a constructive dismissal claim.

Unfortunately, many people find themselves in a position at work where they feel unsafe, harassed, or bullied by colleagues or by their managers. When this happens and your employer won’t act to protect you, you may be entitled to resign and bring a claim for constructive dismissal.

Examples include:

• You employer hasn’t taken steps to stop people harassing or bullying you.
• Your employer has demoted you without just cause.
• Your employer has not paid you.
• Your employer has made unreasonable changes to your working conditions.
• Your employer has failed to provide a safe working environment.
• Your employer hasn’t provided you with the support you need to perform your role.
• Your employer has withdrawn important benefits set out in your employment contract.

As long as you have worked for your employer for at least two years, you may be able to bring a constructive dismissal claim against them. If you feel that you have no other option but to resign and claim constructive dismissal it is important that you speak with one of our employment solicitors today.

If you have had to resign because of unfair treatment in the workplace, or if you have been unfairly dismissed, you need to act straight away. You only have three months, less one day, from the date you were dismissed or resigned to bring a claim. Before you can start a claim with the employment tribunal you must lodge your complaint with the Advisory Conciliation and Arbitration Service (ACAS) before the three months is up. This process is compulsory for most claims and must be completed before you can submit your claim to the employment tribunal.