Constructive Dismissal

This is a situation where your employer's behaviour towards you amounts to a very serious breach of contract and you feel there is no alternative but to resign. In order to succeed in a claim you must show that the behaviour was the real reason for your resignation and that you have not given an indication that you accepted the breach or any offer of a change in employment conditions. The behaviour may be a one off event or a series of breaches which put together led you to having no alternative but to resign.

Examples of behaviour which could amount to constructive dismissal

• bullying or harassment
• imposition of unreasonable changes to your conditions of employment without your consent
• failing to provide a safe working environment
• any serious breach of contract such as sudden demotion without explanation or non payment of salary

Why do I need legal advice?

• It is important to seek advice early on as we may be able to help you resolve matters so that you do not need to resign
• It is also important to seek advice before you take the decision to resign as, if the Tribunal does not find that a constructive dismissal situation has arisen, you will be deemed to have resigned and this would mean that you are not entitled to compensation
• If your dispute cannot be resolved we may be able to help you avoid the distress of a Tribunal application by negotiating compensation from your employer through a Compromise Agreement
• Making a Claim to an Employment Tribunal may be the only option and we can assist you throughout that process.

If you require our assistance please do not hesitate to contact us on 0208 301 4884 and book an appointment to see one of our specialists today. Alternatively you can email us on enquiries@alettashaw.co.uk and we will contact you.