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If you have recently resigned or left your employment due to the conduct or behaviour of your employer or work colleagues, you may have a claim for constructive (unfair) dismissal. Please contact one of our advisers to discuss. The Employment Tribunal has very strict time-limits for makings claims; usually three months less one day from dismissal. It is therefore important you seek advice as soon as possible.
Mr D had been employed by a Company for many years as a Supervisor. Mr D enjoyed his time at the Company and was very passionate about the work that he did.
Mr D did not experience any difficulties at the Company until a new employee was recruited in Mr D’s team. Almost immediately, Mr D became aware that the new employee had taken a dislike to him. Mr D constantly felt as if he was being purposively “singled out” and the situation at work was extremely uncomfortable. It was impossible to work with the employee because he would completely disregard anything Mr D said. The situation deteriorated so much that whenever Mr D would try and speak with the employee, he would swear at him.
Mr D approached his employers about the difficulties he was experiencing with the new employee; however they completely ignored him. Mr D was unsure what he could do. The treatment he was being subjected to was getting worse and was making him ill.
Therefore, Mr D attended Fixed Fee Interview with one of our Employment Advisor’s. We informed Mr D that the treatment he had received was absolutely appalling and in breach of the terms and conditions of his employment contract. We assisted Mr D in submitting a formal grievance to his employers and supported him through the grievance procedure. Shortly afterwards; we submitted a claim for Constructive Unfair Dismissal on his behalf.Therefore, Mr D attended Fixed Fee Interview with one of our Employment Advisor’s. We informed Mr D that the treatment he had received was absolutely appalling and in breach of the terms and conditions of his employment contract. We assisted Mr D in submitting a formal grievance to his employers and supported him through the grievance procedure. Shortly afterwards; we submitted a claim for Constructive Unfair Dismissal on his behalf.
We represented Mr D throughout the proceedings and the matter was heard in the Employment Tribunal. We were delighted for Mr D when his claim for Constructive Unfair Dismissal was successful. Mr D received peace of mind that he had done nothing to deserve the treatment by both his colleague and employers. Mr D also received compensation.
Mr D funded his claim by legal expenses insurance which was attached to his car insurance policy. Therefore, he did not have to pay for any legal costs associated in bringing his claim and kept 100% of his compensation. Mr D was very happy with the result of his claim and we were delighted to have helped.
Essentially, Constructive Unfair Dismissal is where your employer’s treatment of you has forced you to resign and leave your employment.
In order to prove the above you need to able to demonstrate the following: -
A fundamental breach can be a reduction in pay, demotion without reason, unreasonable discipline, discrimination, harassment or bullying you at work etc.
Ordinarily, in order to bring a claim for Constructive Unfair Dismissal, you should have been in employment for a continuous period of 12 months. This is the “general” rule; however there are exceptions. One of our specialist Employment Advisors would be more than happy to assist you if you are unsure whether or not you can submit a claim.
If you are constructively dismissed, you will be entitled to either: -
The most common remedy is compensation.
It is very important that if you intend to issue a claim for Constructive Unfair Dismissal you adhere to the very strict time limits. Time limits to submit an Employment Tribunal claim for Constructive Unfair Dismissal are three months less one day from the last day of employment. It is also important that if you have resigned you seek legal advice as soon as possible. You must not delay.
If you think you have been constructively dismissed or consider that you can no longer continue as an employee at your place of employment, please do not hesitate to contact one of our specialist Employment Law Advisor.
