Constructive Dismissal

What is constructive dismissal?

Constructive dismissal happens when an employee resigns from their job due to a breach of their employment contract by the employer. Essentially, it involves the employee leaving their job because the working conditions have become so intolerable that they can no longer continue working. Although the employee technically resigns, the resignation is considered involuntary because it’s the result of the employer’s actions or omissions that make the workplace untenable.

Common reasons for constructive dismissal may include:

• Significant changes in job duties or responsibilities without your consent.
• Harassment, discrimination, or a hostile work environment.
• Significant reductions in pay or benefits without proper justification.
• Unsafe working conditions.
• Failure to address or rectify ongoing issues, such as bullying or workplace harassment.

If you believe you’ve experienced constructive dismissal, our experienced employment law team can help you in the following ways:

Assessment: We’ll evaluate your situation to determine whether your circumstances meet the legal criteria for constructive dismissal and help you gather evidence to support your case.

Negotiation: Before taking legal action, it may be appropriate to negotiate with your employer to resolve the issues or negotiate a favorable exit package on your behalf. This can often be a less confrontational way to resolve the matter.

Legal Guidance: Our employment law experts will provide you with advice on your rights, obligations, and options. We’ll explain the legal process, including potential solutions and the compensation you may be entitled to.

Document Review: We can review your employment contract and any relevant documents to identify breaches or discrepancies that may support your claim.

Representation: If a resolution cannot be reached through negotiation, we can represent you in legal proceedings. This including helping you file a claim with the appropriate employment tribunal or court and presenting your case on your behalf.

Compensation: We can help you pursue compensation for lost wages, benefits, and other damages resulting from the constructive dismissal.

It’s important to consult with a solicitor experienced in employment law to understand your specific situation and the potential legal remedies available to you. Our team will be there to guide and support you every step of the way. To find out more and arrange an appointment, call us on 01908 660966 or 01604 828282, email info@franklins-sols.co.uk or click on the button below.