Compensation for constructive dismissal
What is constructive dismissal?
Constructive dismissal happens when an employee resigns because their employer has made it impossible for them to continue working for them. The employer’s behaviour is said to have fundamentally breached the employment contract, leading the employee to resign.
If you are constructively dismissed, you can make a claim for unfair dismissal.
How much do you receive in compensation for constructive dismissal?
Compensation for constructive dismissal is made up of three types of compensation:
- the basic award
- the compensatory award
- the additional award
The basic award compensates the employee for loss of job security. The amount of the award depends on the employee's age and their length of service, and the amount of a week's pay.
The compensatory award is based on the tribunal's assessment of the employee's loss of earnings between the dismissal and the tribunal hearing, and the likely future loss of earnings, loss of pension rights etc.
The tribunal may make an additional award on top of the basic and compensatory awards if it orders re-employment of the employee but the employer does not comply.
Where do you make a claim?
Usually, you make a claim at an employment tribunal. The civil courts may be used sometimes. Or, an employment solicitor could negotiate a settlement (compromise agreement) for you.
Getting legal advice – let us help
If you think you might have a claim for constructive dismissal, you should speak to an employment solicitor. If you have a case, a no-win, no-fee solicitor may agree to take your claim on under a no-win, no-fee arrangement.
If you would like to obtain legal advice on compensation for constructive dismissal, Caven can put you in touch with a local employment solicitor free of charge. Please call us on 08001 221 2299 or complete the web-form above and we'll call you back.
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- Last Updated on 18/02/2013