Employment Law Constructive Dismissal

Constructive unfair dismissal occurs when employees are forced to leave their job because of their employer’s breach of contract which may relate to its conduct or behaviour in the workplace. There are many reasons why employees choose to resign, they may feel like they have been harassed or treated unfairly by their employer or other employees, thus forcing them to resign. In circumstances such as this, the employee may be able to claim for constructive dismissal.

The employer may be in fundamental or serious breach of contract for a large number of reasons. If the employer suddenly decides to make substantial alterations to an employee’s contract of employment, such as reduced pay, withdrawal of private benefits, removal of a company car or forcing an employee to work night shifts despite the fact that the employee’s contract is for day work only.

On the other hand, an employee may have grounds for claiming constructive dismissal when there has been a series of incidents that, when strung together, are very serious. From a series of intimidating emails to unruly behaviour by an employer, nobody should have to put up with such annoyances in their place of work. These matters can be very challenging to handle appropriately, especially if employees have tried their best to discuss and sort out any issues with the employer without coming to a positive resolution.

Davies and Partners provide help and assistance to employees facing such difficulties in the workplace. If you need help claiming constructive dismissal, we can assist you and help determine whether or not you will be able to make a successful claim. Employees usually require a minimum of two years of continuous service before they are eligible to claim for constructive dismissal. However, there are exceptions and some employers are liable despite the fact that the employee has under two years of service. To find out if you qualify, it’s important to seek professional advice from unfair dismissal lawyers.

Employees who are successful in bringing a claim for constructive unfair dismissal will usually recover a basic award which is based on their age, the length of service and earnings. This is also combined with added compensation that covers loss of earnings, which is subject to a one-year cap. Before making a claim, it’s advised that you seek out an experienced lawyer to help ensure everything runs as smoothly as possible. From writing your constructive dismissal letter to representing you in legal proceedings, our law team of expert solicitors provide clear, concise and helpful advice and assistance when you need it most.

If you are an employer, it is important that you are aware of your legal requirements regarding employment law constructive dismissal and the grounds for constructive dismissal. At Davies and Partners, we provide specialist legal services to both employers and employees. If you have been met with a claim for constructive dismissal from a previous employee, you may require our professional legal services to help defend your business in legal proceedings.

 

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