Constructive Dismissal

Has your employer’s behaviour forced you to resign? Have they breached their employment contract?

Our employment law experts can help you bring forward a constructive dismissal claim.

If you have resigned, or are thinking of resigning, due to a fundamental breach of contract from your employer, you may be able to claim compensation through a constructive dismissal claim.

These types of claims are often misunderstood, so it is vitally important you receive expert employment law advice. Our friendly, confidential team can assist you with your constructive dismissal case, whether it is proving repudiatory breach, looking at your employment contract, or simply advising on your next steps.

Get in touch with our Liverpool, Manchester and St Helens Constructive Dismissal solicitors today to find out how we can help.

 

What is Constructive Dismissal?

Constructive dismissal occurs where an employee resigns from their job, with no notice given, due to their employer’s conduct. It is not sufficient for the employee to simply allege they have been mistreated. They must show how and when their employer has breached a serious or fundamental part of the employment contract.

If you cannot negotiate a fair settlement agreement, employees who succeed with a constructive dismissal claim will usually be awarded Basic Award and Compensatory Award compensation.

 

Examples of Constructive Dismissal

Examples of employer behaviour that can lead to constructive dismissal include:

  • A reduction in pay or hours
  • Changes in employment duties or employment status
  • Changes in location where there is no mobility clause in the contract
  • Excessive workload
  • Failure to address a grievance
  • Discrimination
  • Bullying

It may be relatively straightforward to prove some of these contractual breaches. It is, however, much more complicated to prove constructive dismissal claims based on breaches of trust and confidence. Our team can advise how likely you are to win your case if you are bringing a claim forward based on these breaches.

 

Am I eligible to make a Constructive Dismissal claim?

You have the right to bring forward a constructive dismissal claim to an employment tribunal if:

  • You are classed as an “employee”
  • You have worked for your employer for 2 years or more
  • You make the claim within 3 months less one day of when you resigned

You must also begin “early conciliation” through ACAS before going to the employment tribunal. This can often be a confusing process, and having an expert employment law solicitor by your side can be incredibly valuable.

 

What’s the difference between Constructive and Unfair Dismissal?

Constructive dismissal occurs where you have been forced to resign due to your employer’s conduct. It is referred to as a “dismissal”, but in reality, you are resigning from your post.

An unfair dismissal occurs when you have been sacked by your employer in a way that is unlawful. This is your employer’s decision, and usually occurs when one of the five fair reasons for dismissal do not apply.

 

How can Smooth Commercial Law help?

We understand going through a potential constructive dismissal can be a traumatic experience. If your employer’s conduct has forced you to resign, you may be owed compensation through the employment tribunal or a fair settlement agreement. 

Our team at Smooth Commercial Law can help you recognise if a contractual breach has occurred and, if it has, help you gather evidence of the breach. Our expert Liverpool, Manchester and St Helens Constructive Dismissal team can guide you through the process, step by step.

If you have any questions about constructive dismissal, the process of making a claim, and your legal rights, contact our experienced Liverpool, Manchester, St Helens, and North West employment tribunal solicitors by calling 0800 046 9976 or by emailing sb@smooth-commercial-law.co.uk. You can also contact us through our enquiry form here.