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If you feel you have been forced to resign from your job as a result of unfair treatment you could have a claim for constructive dismissal, for advice please contact our employment law team on 01616 966 229 or complete our online enquiry form. Our legal experts can advise you on all aspects of a possible claim for constructive dismissal.
What is constructive dismissal?
Generally, an employee who resigns will have no claim for wrongful dismissal. This is because it is the employee, and not the employer, who has terminated their contract of employment. However, if your employer breaches a 'fundamental' term of your contract of employment, and you resign in response to that breach, you may be able to bring a claim of constructive unfair dismissal.
Your employer must have acted in such a manner that they have effectively destroyed the basis of the employment relationship therefore entitling you to resign from your contract with immediate effect. It is not sufficient that your employer has acted 'unreasonably'.
A contract of employment can include both express (terms set out in a written or verbal agreement) and implied (terms implied by law even if not set out in a written or verbal agreement) contractual terms. Many constructive dismissal claims are brought on the basis that the employer has breached one of the important implied terms of the contract which are usually:
You must act quickly if you believe that your employer has fundamentally breached your contract of employment. If you do not leave quickly after the incident(s) you intend to rely upon then it is likely that your employer will argue that you have accepted the treatment and breach of contract by not acting immediately. In these circumstances a constructive unfair dismissal will not have occurred.
You can bring a claim for constructive unfair dismissal in the employment tribunal if you satisfy the following requirements:
Constructive unfair dismissal claims are often difficult to prove and it is common for the employer to argue that the employee resigned of their own accord and that no dismissal took place. Therefore you must always think carefully before resigning from your employment as it is a difficult decision that only you, and no-one else, can make.
Mrs Morrow worked in a supermarket as a bakery production controller. She had a poor working relationship with her store manager, and she felt that he continually harassed her. In one particular shift, he gave her a telling off in front of other employees and customers of the store, telling her “if you cannot do the job I pay you to do, then I will get someone who can.” Two hours later, he did this again. Mrs Morrow was extremely distressed at this treatment and resigned from her position. She took her claim of constructive unfair dismissal to the employment tribunal, who found that public criticism from her manager was a breach of the implied duty of mutual trust and confidence. However, they found that this was not so serious as to entitle her to resign. Mrs Morrow appealed this finding, and at the employment appeals tribunal they concluded that where an employer breaches a duty of mutual trust and confidence, the breach is 'inevitably' fundamental and goes to the root of the employment contract, entitling the employee to resign and claim constructive unfair dismissal.
If you feel that you have been forced to resign by your employer, our specialists will be happy to discuss your case with you. We appreciate that this is often a difficult time and offer a range of funding options available to help. In some circumstances we may be able to offer a ‘no win no fee arrangement’ to you.
Please call us on 01616 966 229 or complete our online enquiry form and we will be happy to discuss your options and guide you through the process.
There are various funding options available in respect of obtaining legal support with constructive dismissal claims. One of these options is a no win no fee agreement. This means that if your case is not successful (i.e. doesn’t result in a favourable outcome for you such as being successful in the Employment Tribunal or settlement), you do not have to pay any legal fees incurred by us.
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If your work situation becomes untenable, it's wise to consult an experienced employment solicitor. They can assess whether you could pursue a constructive dismissal claim due to a fundamental breach of your employment contract following your resignation. They will guide you through the process and ensure your rights are protected in challenging workplace circumstances.
You have three months minus a day from your resignation to initiate tribunal action by first starting the ACAS early conciliation process. It is worth checking any insurance policies you have such as car and home insurance as they may cover legal expenses for consulting a lawyer.
When an employer makes a job untenable, they effectively force the employee to resign involuntarily. This situation, known as constructive dismissal, occurs when working conditions become so intolerable that the employee has no choice but to leave.
Constructive dismissal compensation is based primarily on financial loss arising from your resignation. You are under a duty to mitigate your loss by finding alternative employment. As such any loss is largely dependant on the time you are out of work and if you can show you have taken reasonable steps to find alternative employment.
Constructive dismissal cases, which arise from certain serious breaches of employment contracts, will be dealt with in an employment tribunal. Seeking guidance and making sure there is an understanding of the implications beforehand is crucial before taking any legal action or decisions regarding whether to pursue a case. Cases do often settle however, and therefore, as your solicitors, we will look to explore settlement options with your former employer..
For a successful constructive dismissal claim, employees must evidence that there is a serious breach of contract such as intolerable work conditions, loss of trust and confidence by the employer, and that they resigned in good time in response to any breach of contract. Gathering evidence like communication records, performance reviews, and keeping contemporaneous records may strengthen the case.
If successful in a constructive unfair dismissal claim, an employment tribunal may grant: 1) Reinstatement, allowing return to the same role (rarely awarded); 2) Re-engagement, permitting a similar position to the one held prior to dismissal (also rare) or 3) more commonly, financial compensation for loss arising from the dismissal.
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