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What is Constructive Dismissal?

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What is Constructive Dismissal?

Constructive dismissal is in short, the term used where an employee resigns in direct response to the employers conduct and breach of an important term of an employment contract. These terms can be both express and implied and as such do not necessarily need to be written down.

How can you claim constructive dismissal and what needs to be established?

If you have two continuous years of service you will be entitled to claim for constructive dismissal. This period also includes your statutory notice period.

It is however essential that, you demonstrate that you were forced to leave your job as a result your employer’s breaches and conduct. The breach may simply be one isolated act or it may be a series of incidents, which taken as a whole amounts to such conduct.

There are various factors which could be considered as serious breaches. This includes but not limited to:

  1. The terms of your contract being unilaterally altered and changed
  2. Any benefits / any bonuses not being paid and being withdrawn without any explanations
  3. Your employer not addressing your issues or concerns
  4. Your employer failing to provide a safe working environment  
  5. You have been demoted without any explanation
  6. You have been discriminated based on your age, race or ethnicity, marital status, sexuality, your gender, pregnancy, disability and last but not least your religion.
  7. Your employer endorses workplace bulling, harassment and discrimination.

Of course, each case is subjective so it will fall on the facts but the above is a useful indication to consider, if you have been subjected to any such conduct.

If you think you have a claim?

It is advisable to try and raise your concerns with your employer in the first instance. It is very common for issues to be resolved very early on. If, however, your employer does not address your concerns and if there have been no improvements, you will need to seriously consider resigning from your employment. It is important that you resign promptly in response to the employer’s conduct

For advice on the above or any employment matter please contact Ahmet Ozcan on 01708 745183 or via email to ahmet.ozcan@fbarnes.co.uk

 

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