Constructive Dismissal Solicitors - UK Employment Compensation Claim Advice
Our solicitors deal exclusively with employment law and are able to pursue or negotiate claims anywhere in the United Kingdom. We Use the no win no fee scheme which means that you don’t need any money to initiate a compensation claim. If you don't get awarded compensation, you don't pay anything at all.If you would like to talk confidentially to an experienced constructive dismissal solicitor just call the helpline.
Constructive dismissal occurs where an employee tenders their resignation from their job due to the employers unacceptable behaviour. In these circumstances an employees resignation is treated as an unlawful dismissal by the employer entitling the employee to claim compensation for unfair dismissal in the Employment Tribunal. In order to justify an award of compensation an employer's actions must have amounted to a fundamental breach of the contract of employment that exists between the employer and employee which is not necessarily laid out in writing. An employee is entitled to resign over one serious incident or as a result of a number of smaller incidents, however the employee must resign soon after the incident in order to be able to rely upon it as grounds for claiming that the resignation was reasonable.
Examples of unlawful action which could result in a successful application for compensation to the Employment Tribunal for constructive dismissal include unilateral amendments to the contract of employment which may include pay and conditions, loss of status, abusive behaviour, racial or sexual harassment and race or sex discrimination in the workplace.
In the case of unacceptable behaviour by other employees, other than in exceptional circumstances, an employer should have been asked and been given the opportunity, to take the appropriate measures to investigate and protect the employee from further incidents. Examples include:
- Loss of status, salary or position in unreasonable circumstances
- Harassment, bullying, humiliation or abuse
- Unreasonable amendments to working conditions or contracts
- False, malicious or unsupported accusations
- Unreasonable or excessive discipline
Constructive Dismissal Incidents
There are numerous situations that can point to constructive dismissal that could lead to a compensation claim by a solicitor in the Employment Tribunal. This should not be considered an all-inclusive list:
- workplace “bullying”
- corrupt or criminal policies or practices
- abusive or unfair treatment
- deplorable workplace conditions
- harassment, victimisation, or discrimination that is based on race
- sexual harassment, discrimination, or victimisation
- biased or bigoted treatment relating to age, religion, sexual orientation, pregnancy
Constructive dismissal happens when an employer essentially changes a worker’s job to such an extent that the employee is performing tasks that were not part of the original contract of employment. Often the employee finds it difficult or impossible to keep up with the workload created by the changes.
In that situation, an employee should submit an official complaint to the employer and give the employer a chance to resolve the problem. If the situation does not improve, the employee should obtain guidance from an employment law solicitor and resign immediately. Any claim will lose strength if you continue to work with unacceptable changes, the longer you stay gives an appearance of acceptance.
The best chance of success in a constructive dismissal claim before the Employment Tribunaldepends largely on the evidence gathered. Keep any policy letters, management guidelines or emails from coworkers or supervisors that detail incidents of abuse. It is also a good practice to keep notes or maintain a log detailing dates, times and fellow workers involved. Try to get the names of any witnesses to the abusive behaviour.
Constructive Dismissal Solicitors
Our constructive dismissal solicitors give free advice and act on behalf of clients using the no win no fee scheme which means that if your lawyer does not succeed in obtaining compensation on your behalf then he will not get paid. Our solicitors deal exclusively in employment matters and are able to pursue or negotiate claims and can provide representation anywhere in the United Kingdom. If you would like to talk confidentially to an experienced solicitor just use the helpline or email our offices.