Constructive Dismissal

If you resign from your job because of unacceptable behaviour on the part of your employer, you may be able to make a claim for constructive dismissal, although it is notoriously difficult to succeed in such a claim.

In order to prove a case of constructive dismissal, you would need to show that:

  • Your employer has committed a fundamental breach of your contract
  • You felt you had no option but to leave because of that breach
  • You have not done anything that could be construed as you having accepted that breach

Examples of a fundamental breach of contract might include the following:

  • non-payment of your salary
  • demotion for no apparent reason
  • forcing you to accept unreasonable changes to your conditions of employment without consulting you or obtaining your agreement (eg suddenly informing you of a change of location, or change in your hours of work)
  • bullying, harassment or violence against you by work colleagues
  • making you work in dangerous conditions

A constructive dismissal claim can be made as a result of one serious breach, or a series of smaller incidents that together amount to a fundamental breach of contract, with the most recent incident being regarded as the “final straw”.

You may decide to raise a formal grievance prior to resigning, and it is advisable to try and resolve the issue in this way as it can affect your level of compensation in a tribunal if you don’t. Your employer may wish to negotiate a settlement with you if they feel you have a possible claim against them, and this can be done by way of a compromise agreement in order to preclude you from making any claims against them.

If you believe you have been constructively dismissed, or you would simply like more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any constructive dismissal issues you may have. Please contact us for an initial free consultation.

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