Constructive dismissal occurs where there is or could be a fundamental breach of contract caused by your employer, you resigned in response to the breach and you did not delay between the breach and your resignation.
A fundamental breach is a situation which is so bad that you cannot continue to work for your employer any longer.
Some examples of situations that may give rise to a fundamental breach are:
- Changing terms and conditions of employment.
- Lack of support during difficult work situations.
- Acting in a discriminatory way towards you.
- Unfairly imposing a disciplinary procedure.
- Not dealing with a grievance in a timely or fair manner.
If you find yourself in a difficult situation at work, you should raise a grievance in the first instance. Failure to do so could lead to a reduction of any compensation awarded to you if you are successful with a tribunal claim.
If you feel that you have been constructively unfairly dismissed Thursfields’ specialist employment team can review your documents and provide you with a detailed assessment of your potential claim for a fixed fee.
To speak to an expert or book an appointment at one of our offices, please contact a member of our employment team on 01905 677046 or send us an email to firstname.lastname@example.org
Thursfields are recommended as a leading firm in the Legal 500 for Constructive Unfair Dismissal law