Constructive Dismissal Claim

If you want to make a constructive dismissal claim, call us on 0203 909 8399 to speak with our employment law solicitors.

There are many laws regulating how an employee should be treated in the workplace and what is expected of an employer. There are also important laws which come into play when these expectations are not met. One particular area is of constructive and unfair dismissal. If you are an employee concerned about your employment rights upon resigning or an employer faced with an employment claim after the dismissal or resignation of an employee, we are here to help. Our friendly employment specialists can help you see the bigger picture from both an employer’s and employee’s perspective when considering what the best advice for you is.

What is constructive unfair dismissal?

Constructive or unfair constructive dismissal happens when an employee feels compelled to resign. This is a result of unfair or bad treatment either of the employer or colleagues in the workplace.

What actions constitute constructive unfair dismissal?

The treatment complained of can be a result of issues that have occurred over a period of time with a last defining act or, it can result from a single act where the employee feels that he has been treated so badly that he has no choice but to resign.

Some example of the types of behaviours which may justify a claim for constructive unfair dismissal is where the employee:

  • Feels unsafe in the workplace;
  • Has been bullied or harassed;
  • Has not been paid or has had contractual benefits withdrawn;
  • Has been demoted without good reason;
  • Has not been provided with the support needed to perform the job role;
  • Has been faced with unreasonable changes to working conditions.

What is unfair dismissal?

To bring a claim for unfair dismissal, the employee must generally be employed for two years.

An employee can bring a claim for unfair dismissal where there is reason to believe that he has been dismissed without a fair reason. Fair reasons for dismissing an employee include:

  • Conduct: for example, frequent absences or abusive behaviour
  • Capability: where the employee’s abilities or health do not meet the demands of the role
  • Redundancy: where the job role no longer exists or there is a reduced requirement for a job role
  • Breach of the statue: for example, no longer meeting the legal requirements to perform a job
  • Some other substantial reason: for example, business restructuring or significant personality clashes with colleagues and clients.

How can a claim be brought?

Before a claim for constructive and unfair dismissal can be brought to the Employment Tribunal, the employee must contact ACAS to start what is known as the mandatory Advisory, Conciliation and Arbitration Service/ ACAS Early Conciliation process. ACAS must be contacted within three months, less one day of the complained act. Communications with ACAS are confidential and geared towards finding a solution for both employers and employees out of court. To do this, ACAS will appoint a neutral Conciliator. You do not have to go through the Early Conciliation, but you should have a good reason for refusing to do so. At the conclusion of this process, ACAS will issue a certificate which will be required to bring an employment claim.

How is this relevant to you as an employee?

Bringing a claim for unfair dismissal and especially constructive unfair dismissal is a big step. This is particularly when you feel that you have no option but to resign. Our employment specialists will listen to your situation and assess the options open to you as well as the types of evidence you will need to bring an employment claim.

How is this relevant to you as an employer?

We understand an employee’s perspective as well as an employer’s. This comes in handy when assessing the merits of the claim or complaint brought against you and what the best route for dealing with the complaint will be.

We are also able to advise you on the types of procedures and policies you should have in place to create a good work environment for your employees which should prevent claims being brought against you.

For further help or information Get In Touch

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