CONSTRUCTIVE DISMISSAL SOLICITOR

Our specialist solicitors provide qualified advice on all matters that are related to employment disputes in the United Kingdom including constructive dismissal. Our no win no fee claims are totally risk free and if we do not win your case, you do not pay any legal fees or expenses whatsoever. If you need free initial employment law advice please call us or complete the contact form and our expert lawyers will be pleased to help you without obligation.

To be able to carry out the duties of employment economically and efficiently, the work environment should be conducive to the production of quality results. Employees should not be subjected to unpleasant, abusive or oppressive conditions at work that are such as to force them to resign. If they terminate their employment because they cannot bear the stress arising from their working conditions or the unfair practices of their employer or a colleague they may be considered to be victims of constructive dismissal since they did not resign of their own free will. Victims of this type of dismissal have the right to claim compensation for the injustice done to them by making application to the Employment Tribunal if negotiations for a settlement are not productive.

When an employee resigns in the following situations, which are by no means exhaustive and are given by way of example only, they are eligible for compensation for constructive dismissal from their employers :-

• Dishonest or criminal work practices
• intolerable work environment
• abusive boss or colleagues
• general unfair treatment
• racial prejudice, discrimination or harassment
• sexual prejudice, discrimination or harassment
• bullying in the workplace
• prejudice or abuse due to disabilities, age, pregnancy, religion or sexual preference

One of the most common scenarios relating to constructive dismissal arises when the job description is substantially changed and the employee is expected to carry out work or to take on responsibilities that they did not bargain for when the employment started. If you feel that the change made in your contract by your employer will negatively affect your ability to carry out the work, then you should consider resigning immediately rather than enduring unfair conditions for several months and then resigning if you cannot accept that type of treatment any longer. Claims made immediately after a change is made in the contract are more credible and stand a better chance of success compared to those where the applicant waited for a longer period of time before deciding to leave. A claim for constructive dismissal should however be preceded by a grievance filed by the affected employee to allow the employer the opportunity to rectify matters. It is advisable to take qualified legal advice before resigning.

Legal cases are won or lost on the evidence available and on the quality of that evidence. The affected employee should be able to produce concrete and extensive evidence on what transpired to force them to resign in order to make a successful claim for compensation. It is advisable for potential claimants to keep contemporaneous notes or a diary of the incidents that occurred when they felt that they were mistreated. It is also recommended that they keep any other evidence including memos, minutes of meetings and written alterations to contracts and to also make a note of anyone else who was present on appropriate occasions.