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Constructive Dismissal
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Feeling forced to resign due to your employer’s conduct?
Our expert legal team is here to help you reclaim your rights and secure the compensation you deserve. Constructive dismissal occurs when an employee resigns because their employer’s behaviour makes continued employment untenable. We specialise in guiding individuals through the complexities of constructive dismissal claims, ensuring you receive the justice you deserve.
Understanding Constructive Dismissal
Constructive dismissal is a form of unfair dismissal where the employee feels compelled to resign due to the employer’s serious breach of contract. Common reasons include:
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Breach of Contract: Non-payment of salary, unjustified demotions, or unilateral changes to job duties or hours.
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Bullying and Harassment: Persistent mistreatment ignored by the employer.
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Unsafe Working Conditions: Failure to maintain a safe work environment.
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Unreasonable Disciplinary Measures: Harsh actions taken without proper investigation.
Legal protections against Constructive Dismissal
The Employment Rights Act 1996 and the Equality Act 2010 protect employees from constructive dismissal. These laws ensure that:
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Employment Contracts are Honoured: Employers must adhere to contract terms.
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Safe Working Environments are Provided: Employers must ensure a safe, harassment-free workplace.
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Fair Treatment is Practiced: Policies and disciplinary procedures are applied consistently.
How we can help you
- Initial Consultation and Case Assessment: We offer a free consultation to evaluate your case and explain your rights.
- Gathering Evidence: We assist in collecting and organising evidence to support your claim.
- Negotiation and Mediation: Our skilled negotiators strive to resolve disputes without tribunal proceedings.
- Representation at Tribunal: We provide expert representation, preparing and presenting your case for the best outcome.
- Post-Tribunal Support: We help you enforce the tribunal’s decision and advise on further actions if necessary.
Constructive dismissal undermines your dignity and rights. If you are facing intolerable working conditions, it’s essential to take action. Our dedicated legal team is here to support you every step of the way, ensuring you receive fair treatment and justice. Contact us today for a free consultation and let us help you navigate your constructive dismissal claim with confidence and expertise.
Head of the Department
Employment Lawyer
justina.ricci@ricciandpartners.co.uk
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Compensation Calculator
About Your Employment
If you have suffered a financial loss as a result of your dismissal you may be entitled to claim compensation.
Injury to Feelings
You may be entitled to injury to feelings if you have suffered detriment or were dismissed as a result of discrimination, whistleblowing, raising health and safety concerns or because you have tried to enforce your statutory rights.
Do you think you may be entitled to injury to feelings?*
Which do you feel best describes your situation?*
Financial Compensation
If you have suffered a financial loss as a result of your dismissal you may be entitled to claim compensation.
New Employment
Have you received your notice pay?*
ACAS
Calculation:
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Basic Award
Injury to Feelings
Financial Compensation
ACAS Uplift
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Frequently Asked Questions
Constructive dismissal occurs when an employee resigns due to their employer’s serious breach of contract.
Significant breaches of contract, harassment, unsafe conditions, or unfair disciplinary actions forcing you to resign may indicate constructive dismissal.
Detailed records of incidents, breaches of contract, witness statements, and relevant documents.
Claims must be filed within three months of resignation, starting with ACAS Early Conciliation.
ACAS attempts to resolve disputes through conciliation before going to tribunal.
You can proceed with a tribunal claim if conciliation is unsuccessful.
Compensation for lost earnings, damages for emotional distress, and possibly reinstatement or promotion.
Yes, but seek legal advice before resigning to avoid weakening your case.
Costs may include legal fees and tribunal costs; some solicitors offer no-win-no-fee arrangements.
Comprehensive support from consultation to tribunal representation and post-tribunal assistance.
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Get in touch
We’re here to help with your wrongful dismissal claims. Our dedicated solicitors provide expert advice and support. Reach out to us today for a free consultation and let us assist you in securing your rights and getting the compensation you deserve.
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info@ricciandpartners.co.uk
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0330 120 1819