Constructive dismissal solicitors are adept at assisting with employment issues where you felt that you’ve been subject to constructive dismissal.
Constructive dismissal is where you feel that you have no option but to resign because of a situation caused by your employer, whether that’s something they’ve done or something that’s happened as a result of their actions.
It might be referred to as constructive dismissal or constructive unfair dismissal but the important thing to note is that you can take legal action.
How Can Constructive Dismissal Solicitors Near Me Help?
Making a claim for constructive dismissal might seem daunting at first, but it doesn’t have to be.
At Solicitors Near Me, we’re here to help.
Whether or not you can make a constructive dismissal claim usually comes down to whether your employer has seriously breached your employment contract.
That might mean you’ve been discriminated against, bullied or you might not have been paid the agreed amount as stipulated in your contract (or in writing) without good reason.
Other reasons also include if you’ve raised a grievance that your employer has refused to do anything about or investigate or if unreasonable changes to your working pattern or place of work without agreeing it with you first.
It could also be a build-up of smaller issues that causes you to resign, resulting in constructive dismissal.
If you’re resigning because of issues caused by your employer (or issues not addressed by them), you should clearly explain those reasons in your resignation letter, emphasising that they are the reason that you are resigning.
If there has been a serious breach of contract, you might want to leave your role straight away rather than working your notice period…
But you should consider this carefully because it could be a breach of your employment contract and may impact your chances of winning a constructive dismissal case.
If you’re currently considering resigning, you should seek legal advice before taking any serious steps.
How Do I Make A Constructive Dismissal Claim?
Making a constructive dismissal claim might be your only option if you’ve resigned following unfair treatment or a breach of contract.
But in order to make a constructive dismissal claim to an employment tribunal, you’ll need to:
- Have ‘employee’ status as outlined in your employment contract
- Have worked for your employer for at least 2 years
- Made the claim within 3 months (minus one day) of the date your employment ended
The date your employment ended will either be the last day of your notice period or the day you resigned if you didn’t give your employer notice or work your notice period.
While unfair dismissal is different as it’s your employer taking the action of removing you from your role, there are some things that could result in a successful constructive dismissal campaign.
You may have been denied the ability to join a union, your employer might have attempted to stop you taking time off for jury duty, attempted to get you to give up working time rights, pressured you not to take part in legal or industrial action, or many other things.
These are actions that are classed as ‘automatically’ unfair when it comes to employment law, meaning that if they’re the reason you’re dismissed, it’s automatically classed as unfair dismissal.
If these situations sound familiar, it could be that you have a case for constructive dismissal.
Constructive Dismissal Solicitors Near Me
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That means you can receive the very best advice from expert employment solicitors near you – and our service is completely FREE.
Which means that until you find the right solicitor for you, you won’t pay a thing.
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