Constructive Dismissal Solicitors

To be eligible to claim for constructive dismissal, your employer must acted in such a way to destroy the basis of your employment relationship and leave you no choice but to terminate your contract with immediate effect.

A fundamental breach of contract includes breaching an implied term that the employer has a duty to uphold, such as:

• Mutual trust and confidence;
• Fair and equal treatment; and/or
• Reasonable care of the employee’s health and safety.

If you believe your employer has breached your employment contract, you must seek legal advice as soon as possible. If you do not leave immediately after the breach, your employer may argue that you accepted the treatment and you will not be eligible to claim constructive dismissal.

It is important to note that it may not be just one incident that amounts to such a breach; sometimes it is a series of incidents or patterns of behaviour which, taken as a whole, amounts to such conduct. However, it is very fact-dependant and depends on whether any previous breaches of contract have been considered ‘waived’ or if they can be considered part of a continuing course of conduct.

If you’ve been forced to resign from your position because your employer has breached their contract, or if you’ve left due to discrimination, victimisation, harassment or bullying in the workplace, you may be able to claim constructive dismissal.

If you believe that you have been forced to resign, or are thinking about resigning from your employment, you should contact a specialist employment solicitor as soon as possible.

Yes, you must be continuously employed with your employer for two years to be eligible to make a constructive dismissal claim.

If you believe you have grounds for a constructive dismissal claim but have less than two years of service, it is still wise to seek legal advice to discuss your options.

To bring a claim for constructive dismissal, you must be able to provide evidence that there has been a serious breach of contract. Sometimes, this is written evidence such as emails, or it could even be photographs if the breach relates to working conditions.

You must also demonstrate you resigned in response to that breach.

If your constructive dismissal claim is successful, the most common result is to receive financial compensation.

Whilst the Employment Tribunal can recommend reinstatement to your role or a similar role, it is often unusual given the allegation there is an irretrievable breakdown in the employee-employer relationship.