Constructive Dismissal Solicitors
If you have been forced to resign from your job because of your employer’s behaviour, you could have grounds for a constructive dismissal claim. Our employment solicitors can explain your options in more detail.
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Constructive dismissal is when your employer has fundamentally breached the terms of your employment contract, leaving you with no option but to resign. More specifically, your employer must either have breached the express terms of your contract, or the implied terms of your contract. One example would be where your employer disregards your health and safety in the workplace. When this happens, you might feel as though you have no option but to resign, as your well-being is in jeopardy.
A successful constructive dismissal claim would see that you are awarded compensation for your damages. This includes your emotional distress and the income you have lost.
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Who can make a constructive dismissal claim?
To make a constructive dismissal claim, you must be able to show that:
- You were employed for a continuous period of two years before your resigned
- The terms of your contract were fundamentally breached
- You left shortly after the behaviour in question
If you do not resign soon after the breach, then the employment tribunal may argue that you accepted your employer’s actions and were content to continue working in the same role. Because of this, you need to get early legal advice. You might not have resigned yet, but you might be wondering whether this is the best option open to you – especially if it could lead to a constructive dismissal claim. Our solicitors are on hand to advise you.
- Explain whether you meet the criteria for a constructive dismissal claim
- Ensure you do not inadvertently waive the breach
- Help you bring a claim against your former employer for damages
Our employment law solicitors offer a friendly and practical approach. We’ll provide expert legal advice in plain English, helping you decide on your next steps.