Constructive dismissal time limit is something you might be wondering about if you believe you have a case for constructive dismissal.
So, is there a time limit for constructive dismissal claims in the UK?
It’s a good question and the short answer is yes.
Of course, it depends on your situation, and we’ll go into detail on what unfair dismissal means, what constitutes constructive dismissal, and how long you have to make a claim.
Constructive dismissal solicitors are experts in employment law, particularly where you feel 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.
How Long Do I Have To Claim Constructive Dismissal?
Making a constructive dismissal claim might be your only option if you’ve resigned following unfair treatment or a breach of contract.
But 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
So, that means that you MUST make a constructive dismissal claim within 3 months of leaving your employment.
That might seem short but it simply means that the process of the claim must begin within 3 months and that rule applies regardless of how long you’ve worked for your employer.
If you didn’t give your employer notice or work your notice period, the date your employment ended will either be the last day of that time or the day you quit.
While an unjust dismissal differs from a constructive dismissal in that your employer removes you from your position, there are specific circumstances that could lead to a constructive dismissal claim’s success.
Your employer may have tried to prevent you from taking time off for jury duty, urged you not to participate in legal or industrial action, tried to get you to give up your right to working time, denied you the opportunity to join a union, and many other things that might constitute constructive dismissal.
When it comes to employment law, these are behaviours that are deemed to be “automatically” unjust, which means that if they led to your termination, your dismissal will be viewed as unfair.
Time Limit For Constructive Dismissal
The 3-month time limit for making a constructive dismissal claim means that it’s vital you contact a legal representative as soon as possible.
You should ensure you have all of the facts and details on your case available so that a solicitor can advise you on your best course of action.
It’s also the reason why you should hold off from resigning from your role before seeking legal advice if possible. Because once you’ve resigned, there is effectively a ticking clock on your time to claim.
At Solicitors Near Me, we connect you with expert constructive dismissal solicitors near you so you can get the crucial advice you need as soon as possible.
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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