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 mchamberlain@thursfields.co.uk


UK_leading_firm_2015_MR Thursfields are recommended as a leading firm in the Legal 500 for Constructive Unfair Dismissal law

 

Discrimination (including harassment and victimisation)

Maternity/Paternity Rights

Flexible Working

Whistleblowing

Contract of Employment Review

Redundancy

Settlement Agreements

Unfair Dismissal

Constructive Unfair Dismissal

Wrongful Dismissal / Breach of Contract

Disciplinary Procedures

Grievance Procedures

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