If your employer’s actions have left you feeling that you have no option but to resign, you may be able to make a claim for constructive dismissal.
Constructive dismissal can arise where an employer seriously breaches your employment contract and, as a result, you resign in response to that breach. This could involve a significant change to your role or pay, bullying or harassment, a failure to address serious workplace concerns, or other conduct that fundamentally damages the employment relationship.
Deciding whether to resign can have significant legal and financial consequences. If you believe your employer’s conduct may amount to constructive dismissal, taking legal advice before resigning can be particularly important.
Our Employment Law solicitors can help you understand your position, assess the strength of a potential claim and advise you on the options available to you.
Constructive dismissal occurs when an employee resigns because their employer has committed a serious breach of their employment contract.
The breach must normally be sufficiently serious to justify treating the employment relationship as having effectively been brought to an end by the employer.
In some circumstances, constructive dismissal may result from one serious incident. In others, it may arise from a series of actions which, taken together, amount to a fundamental breach of contract.
Constructive dismissal claims can be complex and will depend heavily on the particular circumstances. It is therefore important to obtain advice before deciding how to respond.
There is no single set of circumstances that automatically gives rise to a constructive dismissal claim. Examples of conduct that could potentially amount to a fundamental breach include:
Whether an employer’s actions amount to a fundamental breach will depend on the facts of the individual case.
Generally, yes. A constructive dismissal claim arises because you resign in response to your employer’s fundamental breach of contract.
However, the timing and circumstances of your resignation can be extremely important. Continuing to work for too long after a breach may, depending on the circumstances, make it more difficult to argue that you resigned because of it.
This is one reason why we recommend seeking legal advice before handing in your resignation, wherever possible.
Whether you should raise a formal grievance will depend on your circumstances.
The Acas Code of Practice encourages workplace concerns to be addressed appropriately, and failing to follow the relevant procedures can potentially affect compensation awarded by an Employment Tribunal.
Raising a grievance may also give your employer an opportunity to address the problem.
However, every situation is different. If you are considering resigning because of your employer’s conduct, our Employment Law team can advise you on whether raising a grievance is appropriate and how best to protect your position.
Employment Tribunal time limits are short.
For most constructive unfair dismissal claims, you will normally need to begin Acas Early Conciliation within three months less one day of the effective date your employment ends, although calculating the correct deadline can sometimes be complicated.
There are limited circumstances in which time limits may be extended, so you should not assume that you will be able to bring a late claim.
If you are considering making a claim, we recommend seeking advice as early as possible.
An ordinary constructive unfair dismissal claim will generally require you to have the necessary qualifying period of continuous employment.
However, there are important exceptions where qualifying service may not be required, including certain automatically unfair dismissal situations. Other potential claims, such as discrimination or breach of contract, may also arise from the circumstances.
If you have less than two years’ service, it is therefore still worth taking advice rather than assuming that you have no legal options.
If you successfully bring a constructive unfair dismissal claim, the compensation available will depend on the circumstances of your case and the financial losses you have suffered.
An award may include a basic award and a compensatory award, subject to the applicable rules and limits.
The value of a claim can be affected by a number of factors, including your age, length of service, earnings, how long you are out of work and the steps you take to mitigate your financial losses.
Our Employment Law solicitors can assess the potential value of your claim and explain what compensation may realistically be available.
Constructive dismissal and wrongful dismissal are sometimes confused, but they are different types of claim.
Constructive dismissal concerns circumstances where an employee resigns in response to a fundamental breach of their employment contract by their employer.
Wrongful dismissal is a contractual claim and commonly arises where an employer dismisses an employee without giving them the notice they are contractually entitled to, or without making the appropriate payment in lieu of notice.
Depending on the circumstances, an employee may potentially have more than one type of employment claim.
Facing problems at work can be stressful, particularly when the situation has reached the point where you are considering leaving your job.
Our Employment Law team provides clear, practical advice to help you understand your rights and make informed decisions about what to do next.
We can help you with:
Where possible, we will help you explore ways of resolving the situation without the need for Tribunal proceedings, while ensuring that you understand your options if formal action becomes necessary.
Contact Josh Fresle on:
Call: 01245 228141 or
email: freslej@gepp.co.uk
Call: 01245 228141 or email: employmentenq@gepp.co.uk or request a call back.
If you want to find out more about the services we can offer you, please feel free to get in touch.
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