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Have you been forced to leave your job against your will and because of your employer's conduct towards you? If you have, does it amount to a Constructive Dismissal? What can you do about it and how much will it cost to find out?
1stClaims can help answer all of these questions and provide you with the advice you need.
Many employees face stresses and strains in the workplace. These can lead them to feel anxious, depressed and fearful as a direct consequence of the work they are employed to carry out or of some element of their working environment. Often their complaints and concerns fall on deaf ears and no steps are taken to make changes to the work or to the working environment in order to rectify the problem.
After ‘putting up’ with these issues for weeks, months or even years, employees often feel that they have little choice but to resign from their position of employment. This can often amount to constructive dismissal as the employee has been made to feel that they have no other option but to resign from their job because of the pressures they are facing.
What Is Constructive Dismissal?
If your employer’s conduct forced you to leave your job against your will then this can amount to Constructive Dismissal.
Constructive Dismissal occurs in the following circumstances:
- Your employer has committed a serious breach of your employment law contract;
- You felt forced to leave as a result of this breach; and
- You have not done anything that would be deemed to be acceptance of your employer's breach of your employment law contract.
Examples Of Constructive Dismissal
The following are examples of employer actions that can result in constructive dismissal:
- Not paying you
- Demoting you from your current position for no good reason and without warning
- Forcing you to work in dangerous conditions
- Failing to protect you from Bullying, Harassment or Violence
- Changing the location where you work
- Changing your shift pattern to one previously not worked
Constructive dismissal can either be when an employer’s breach of contract is a single serious incident or a series of incidents that are serious when taken together.
Targets, deadlines, battles for promotion, competition to achieve better results than your colleagues and an unharmonious working environment can all lead to stress in the workplace. Your employer reducing your pay (without your agreement) or increasing your hours (without your agreement) can also have this affect as can an enforced change in your working conditions and unreachable targets being set. If you can prove that any of these situations have arisen and made it almost impossible to continue working in your current role, you may be able to make a successful claim for constructive dismissal.
In addition, if your employer has failed to deal with any bullying or harassment issues which are affecting you at work or has your failed to deal with the stress levels you are suffering from because of your working conditions you, again, may be able to pursue a claim for constructive dismissal.
In all of these instances you must be able to prove that it would have been almost impossible to carry on working under these conditions and that you had no choice but to hand in your resignation.
These are just a few examples of actions by your employer that can lead to Constructive Dismissal. Our specialist employment law solicitors will listen to your circumstances and advise you whether they might amount to Constructive Dismissal, and how you can claim compensation and how much you might receive.
How To Sue For Constructive Dismissal
If you wish to sue your employer for constructive dismissal you should firstly speak to your line manager or supervisor to ensure that they are fully aware of your grievances and that the matter cannot be resolved internally. You should also check and follow your company’s grievance procedures as set out in your Employee Handbook.
If you are a member of a trade union you may be able to speak to one of your union representatives for guidance and advice. If none of these attempts are able to resolve the matter then you may have to proceed to an Employment Tribunal. You should contact one of our expert employment solicitors who will advice you and guide you through the process of suing for constructive dismissal.
After a free initial discussion with one of our specialist solicitors in Constructive Dismissal, they will explain your legal rights and which funding options are available for your claim. You can then decide whether to take any further action or to leave it there, in which case there will be nothing to pay.
Let Us Help You!
What Happens Next?
Complete a Quick Claim Enquiry and this is what you will benefit from:
- Advice on whether you can make a claim and how the claims process works from a specialist claims solicitor;
- Compensation - what can you claim for and how much are you likely to receive;
- Costs - whether you will qualify for a no win no fee claim or details of other methods for funding your claim; and
- An explanation of what will happen next if you decide to carry on and make a claim (how your solicitor will take care of everything for you).
All on a free, no obligation Quick Claim Enquiry Advice Call.
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