What is Constructive Dismissal?

Constructive dismissal is a legal term used to describe a situation where an employee resigns from their job due to a fundamental breach of their employment contract by the employer. In such cases, the employee may claim they were forced to resign because of the employer’s actions or conduct.

To be considered constructive dismissal, you must typically have met certain conditions below:

Breach of Contract

There must be a significant breach of the employment contract by the employer. This breach can be related to various factors, such as changes in job duties, harassment or discrimination, a hostile work environment, unjustified demotion, reduction in pay, or failure to provide a safe and healthy work environment.

Resignation

The employee must resign in response to the employer’s breach. The employee must communicate the reasons for their resignation and establish a connection between the employer’s actions and their decision to leave.

Timeliness

The employee should generally initiate their claim for constructive dismissal promptly. Which means taking legal action within a reasonable period after the breach of contract occurred.

Proving Constructive Dismissal

Proving constructive dismissal can be challenging, as the burden of proof lies with the employee. They must demonstrate that the employer’s actions were serious enough to justify their resignation and that they exhausted all reasonable alternatives before deciding to leave. Consulting an employment law solicitor is advisable to understand the specific legal requirements and gather the appropriate evidence to support the claim.

If successful, a claim of constructive dismissal can result in various outcomes, such as compensation for loss of earnings, potential reinstatement, or an agreed settlement between the parties.

It is important to note that each constructive dismissal case is unique, and the specific circumstances and facts surrounding the employment relationship will determine the outcome. Therefore, seeking professional legal advice from an experienced employment law solicitor is crucial to understand your rights, evaluating the strength of your case, and navigating the legal process effectively.

Compensation Claim for Constructive Dismissal

When pursuing a claim for constructive dismissal, one potential outcome is seeking compensation for the losses and damages incurred due to the employer’s breach of contract. Compensation aims to provide financial redress for the unfair treatment experienced by the employee.

To pursue a compensation claim for constructive dismissal, it is advisable to follow these steps:

Step 1. Gather Evidence.

Compile all relevant evidence to support your claim, including documentation of the employer’s breach, such as emails, letters, or any written communication—additionally, record incidents, witnesses, and dates to substantiate your case.

Step 2. Consult an Employment Law Solicitor.

Seek the assistance of an experienced employment law solicitor who can guide you through the legal process. They will help assess the strength of your case, advise you on the potential compensation you may be entitled to, and represent your interests throughout the proceedings.

Step 3. Early Conciliation.

In many cases, it is necessary to go through early conciliation with the Advisory, Conciliation, and Arbitration Service (ACAS) before filing a claim with an employment tribunal. ACAS aims to facilitate a settlement between you and your employer, potentially avoiding the need for a formal tribunal hearing.

Step 4. Prepare and File the Claim.

If the employer and employee cannot resolve this through early conciliation, your solicitor will assist you in preparing and filing the claim with the employment tribunal. The claim should outline the details of the constructive dismissal, the losses incurred, and the amount of compensation sought.

Step 5. Employment Tribunal Process.

The tribunal process begins once the claim is submitted. The tribunal process may involve gathering further evidence, attending hearings, and presenting your case before a tribunal panel. Your solicitor will represent you throughout the proceedings, advocating for your rights and seeking the compensation you deserve.

Step 6. Settlement or Tribunal Decision.

During the process, there may be opportunities for settlement discussions with your employer. An employment law solicitor can help formalise a settlement agreement if a mutually acceptable resolution gets reached. Alternatively, if the case proceeds to a tribunal hearing, the panel will evaluate the evidence and decide compensation.

If successful, the compensation awarded may cover various elements, including lost earnings, future financial losses, statutory redundancy pay, and any other losses resulting from constructive dismissal.

Remember, each constructive dismissal case is unique, and the outcome depends on the specific circumstances and evidence presented. Therefore, consulting with an employment law solicitor who can provide tailored advice based on your situation and guide you through the compensation claim process effectively is crucial.