Constructive dismissal advice

 

If the behaviour of your employer is such that you are considering resigning, or have already resigned, from your job you may wish to seek constructive dismissal advice.

The circumstances

A constructive dismissal occurs where an employee resigns because of some action by the employer which causes the employee to believe that continuation of employment is impossible.

That is, the employee leaves their job due to the employer's behaviour. The treatment you have received must, however, be so serious that you can say it goes to the root of your employment contract. It is a complex area of employment law and can be tricky to prove.

You should seek advice on constructive dismissal from an experienced professional who can assess your particular circumstances.

Examples of serious breaches which may constitute constructive dismissal include:

  • a serious breach of your contract (e.g. not paying you)
  • forcing you to accept unreasonable changes to your conditions of employment without your agreement
  • bullying, harassment or violence against you by work colleagues
  • making you work in dangerous conditions
  • falsely accusing an employee of misconduct such as theft or of being incapable of carrying out their job
  • excessive disciplining of employees

It may have been one serious incident or a build-up of a number of incidents. However, you generally must have resigned soon after the incident in order to be able to rely upon it.

If this sounds like your situation you should get some constructive dismissal advice from a specialist solicitor. You may be able to negotiate with your employer, or you may consider making a constructive dismissal claim at an employment tribunal.

If you would like to obtain constructive dismissal advice, then Caven can put you in touch with a local specialist constructive dismissal solicitor free of charge. So if you have any questions or would like our help in finding local Employment solicitors please call us on 08001 221 2299 or complete the web-form above.

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