Constructive Unfair Dismissal

Workplace discrimination

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.

What is Constructive Unfair Dismissal?

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 demonstrate the following: –

  • That your employer has committed a fundamental breach of your Contract of Employment;
  • That you have resigned in response to the fundamental breach; and
  • That you have not delayed in resigning in response to the fundamental breach.

A fundamental breach can be a reduction in pay; a demotion without reason; unreasonable disciplinary action; discrimination; harassment or bullying at work etc.

Who can bring a claim for Constructive Unfair Dismissal?

For most people, in order to bring a claim for constructive unfair dismissal they will need to have been in employment for a continuous period. For people who were employed by their employer on or before 5th April 2012, they will need 12 months continuous employment. For people who started their contracts of employment on or after 6th April 2012, they will need 24 months of continuous employment. However, these are “general” rules. There are exceptions which make it possible for an employee to bring a claim of unfair dismissal if they have only been employed for a very short time.

One of our specialist Employment Advisors would be more than happy to assist if you are unsure whether or not you can submit a claim.

Remedies

If you are constructively dismissed, you will be entitled to either: –

  • reinstatement (i.e. being taken back into your old job),
  • re-engagement (being taken back by your employer to a different job), or
  • compensation.

The most common remedy is compensation.

Time Limits

If you intend to issue a claim for Constructive Unfair Dismissal it is important that you adhere to the strict time limits. Your claim must be submitted to the Employment Tribunal within three months less one day from your last day of employment.

If you wish to resign in response to the way you have been treated at work it is also very important that 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 your nearest Ringrose Law Office in Boston, Sleaford, Grantham, Newark, Lincoln, or Spalding and ask for a member of the Employment Law Team.

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