Constructive and Unfair Dismissal

Unfair Dismissal Solicitors

If you have been so unfairly treated at work that you had to resign or thinking about resigning, you may have a claim for constructive dismissal.  

 

What is unfair dismissal? 

If you have worked for an employer continuously for at least two years, you have several legal rights. This means that you cannot be dismissed without a fair reason. Fair reasons in the eyes of the law include: 

  • Capability: Where your health or abilities are not up to the demands of your role 

  • Conduct: For example, where you're consistently late, abusive to others or frequently absent  

  • Redundancy: Where roles no longer exist or there's a reduced requirement for a particular role or type of work, and you have been selected for redundancy based on fair criteria and a fair selection process 

  • Breach of statute: For example, where an employee who needs to drive as part of their job is disqualified from driving, although driving would likely have to be an essential or at least significant part of their duties for the dismissal to be potentially fair 

  • Some other substantial reason 'SOSR': Which may include personality clashes with important clients or colleagues as well as reorganisation of a business  

 

What is constructive dismissal? 

Constructive dismissal – also known as constructive unfair dismissal – occurs when your employer has treated you so badly that you have no choice but to resign. This can happen for contractual reasons, such as when you have not been paid, but it can also happen because you have been subjected to discrimination, victimisation or harassment in the workplace or if the trust and confidence in the employment relationship have fundamentally broken down. 

If you believe that your position at work has become untenable, it is often a good idea to talk to an experemployment solicitor to find out if you may be able to resign and then bring a constructive dismissal claim.  

 

What actions justify a constructive dismissal claim?

For example, where your employer:  

  • Has not taken steps to stop people harassing or bullying you  

  • Has demoted you without just cause 

  • Has not paid you 

  • Has made unreasonable changes to your working conditions  

  • Failed to provide a safe working environment 

  • Has not provided you with the support you needed to perform your role 

  • Withdrawn important benefits set out in your employment contract 

 

So long as you have worked there for at least 2 years, you may be able to bring a constructive dismissal claim. Give us a call to discuss your issue before you resign.  

 

 

How do you claim constructive unfair dismissal?

If you have had to resign because of unfair treatment in the workplace or unfairly dismissed you need to act right away. That's because you have only three months, less one day, from the date of your unfair or constructive dismissal to file a claim. You must start the mandatory Advisory, Conciliation and Arbitration Service 'ACAS' Early Conciliation process before the time limit. This process is compulsory for most claims and must be completed and a certificate issued by ACAS before you can lodge a claim with the Employment Tribunal. The aim is to try and resolve matters.  

Starting the ACAS Early Consolidation process may operate to extend the time limit for lodging an Employment Tribunal claim. The process makes the calculation of time limits in Employment Tribunal cases more complicated. You should seek legal advice promptly. Where ACAS Early Conciliation fails, we are here to help you to make an unfair dismissal or constructive dismissal claim at an employment tribunal. 

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