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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:

  1. Breach of Contract: Non-payment of salary, unjustified demotions, or unilateral changes to job duties or hours.

  2. Bullying and Harassment: Persistent mistreatment ignored by the employer.

  3. Unsafe Working Conditions: Failure to maintain a safe work environment.

  4. 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:

  • Employment Contracts are Honoured: Employers must adhere to contract terms.

  • Safe Working Environments are Provided: Employers must ensure a safe, harassment-free workplace.

  • Fair Treatment is Practiced: Policies and disciplinary procedures are applied consistently.

How we can help you

  1. Initial Consultation and Case Assessment: We offer a free consultation to evaluate your case and explain your rights.
  2. Gathering Evidence: We assist in collecting and organising evidence to support your claim.
  3. Negotiation and Mediation: Our skilled negotiators strive to resolve disputes without tribunal proceedings.
  4. Representation at Tribunal: We provide expert representation, preparing and presenting your case for the best outcome.
  5. 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.

Justina Ricci

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.

Please enter your gross yearly salary.
Please enter your age.
Please enter how many years of service you have completed. For example, if you have worked for the employer for 4 years and 11 months, enter 4 years.
Your statutory notice is one week for every completed year of service unless your contract of employment gives more notice. Enter either your statutory or your contractual notice (whichever is greater). The calculator uses weeks, therefore if your notice is one month put 4 weeks and if your notice is 3 months put 13 weeks to get the closest result.

Frequently Asked Questions

What constitutes constructive dismissal?

Constructive dismissal occurs when an employee resigns due to their employer’s serious breach of contract.

How do I know if I’ve been a victim of constructive dismissal?

Significant breaches of contract, harassment, unsafe conditions, or unfair disciplinary actions forcing you to resign may indicate constructive dismissal.

What evidence is needed to prove constructive dismissal?

Detailed records of incidents, breaches of contract, witness statements, and relevant documents.

How long do I have to file a constructive dismissal claim?

Claims must be filed within three months of resignation, starting with ACAS Early Conciliation.

What can I expect from the ACAS Early Conciliation process?

ACAS attempts to resolve disputes through conciliation before going to tribunal.

What happens if Early Conciliation fails?

You can proceed with a tribunal claim if conciliation is unsuccessful.

What remedies are available if my claim is successful?

Compensation for lost earnings, damages for emotional distress, and possibly reinstatement or promotion.

Can I make a claim if I have already resigned?

Yes, but seek legal advice before resigning to avoid weakening your case.

What costs are involved in making a claim?

Costs may include legal fees and tribunal costs; some solicitors offer no-win-no-fee arrangements.

How can our legal services help?

Comprehensive support from consultation to tribunal representation and post-tribunal assistance.

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