Constructive Dismissal

Being pushed out of your job because of how you are being treated is a breach of contract by your employer and is called constructive dismissal. Constructive Dismissal is where your employer has committed a serious breach of contract, entitling you to resign in response to their conduct. Wherever you are, we can help you.

ENQUIRE ONLINE   for no obligation advice on making a constructive dismissal claim.

How can I make a Tribunal claim?

You will usually (but not always) need two continuous years' service with your employer to claim constructive dismissal.

In most cases you will have to notify ACAS of a potential claim within three months of your employment ending. It is important you get in contact with us as soon as possible so we can help before it is too late. You can find out how we can help you with our fixed fee ACAS Early Conciliation service.

If you win your case, a Tribunal can award you compensation: a Basic Award of up to £14,370 and a discretionary Compensatory Award of up to £78,962 to reflect lost wages, pensions, and contractual benefits such as your company car, private medical and health insurance and bonus or commission.

In some cases, there is no limit on the compensation that can be awarded. These include cases of discrimination or because you "blew the whistle" on your employers wrongdoing.

What if I have been forced out?

To win your case, it is not enough to show your employer merely behaved unreasonably - it must be a breach of the implied term of trust and confidence or a breach of another fundamental term of your contract which can include:

  • forcing you to agree to unreasonable changes to your job
  • reducing your pay, or not paying you at all
  • being demoted without a good reason
  • making unfounded allegations of poor performance ir misconduct
  • not making reasonable adjustments where you have a disability
  • forcing you to work in breach of health and safety laws
  • unlawfully discriminating against you

Many cases will be obvious, and others will be more of a grey area. If the case reaches the tribunal stage, it will be determined on its own facts, and what is considered reasonable.

You might have suffered one serious incident or a collection of smaller ones that are serious when combined together.

Ideally you should try and address the problem by speaking to your employer first, either informally or by raising a grievance, but we know there are times when the situation may be so intolerable that there is no alternative but to resign. In such a case getting expert legal advice quickly is essential. Tactically you will be in a stronger position if you take legal advice first. We can help you to negotiate an exit before you resign, avoiding the risk of putting your financial security in danger - or help you to try to remove the pressure you are working under. If you do want to resign, we can give you the best chance of success.

Funding your constructive dismissal claim

When obtaining constructive dismissal advice, there are a number of different funding methods available for our work. Our legal advisors are on hand to help with any queries regarding the various funding arrangements that are available.

You can find out more information about funding types by clicking here.

Have you left work or thinking of resigning?

Our specialist employment team have expertise in all areas of employment law. These areas include Constructive or Unfair Dismissals and Settlement Agreements. Get in touch with us today so that we can assess whether you have grounds for further action before it is too late.

To speak with our dismissal team, we are reachable by telephone by calling 08000 93 00 94 or if you prefer, you can complete our Online Enquiry Form and we can call you when convenient.

How can we help?

Funding your constructive dismissal claim

There are a number of different funding types in place which can be used to pay for the work we provide on constructive dismissals. Please click the button below to find out more information about the funding types available.

View Funding Options

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