How to claim constructive dismissal.
Constructive dismissal claims aren’t straightforward to understand and there’s a lot of complicated legal jargon that might be thrown at you too.
But let’s start at the beginning…
Constructive dismissal is different to unfair or wrongful dismissal. The crucial difference comes down to the fact that it’s you who chooses to leave your employer rather than the decision being made by your employer.
However, constructive dismissal occurs if you feel that you have no other choice but to resign because of a situation that’s been caused by your employer.
Making A Constructive Dismissal Claim
Making a constructive dismissal claim doesn’t need to be complicated, although the process may seem daunting at first.
Whether your employer has seriously violated your employment contract will determine whether you have a valid claim for constructive dismissal.
It might be that you’ve been the victim of bullying or discrimination or might be that you have not been paid the agreed-upon sum as stated in your contract (or in writing) without justification.
Other things that could result in a constructive dismissal case could be things such as raising a grievance with your employer that they’ve declined to look into or if they’ve made arbitrary changes to your schedule or workplace without getting your consent.
It could also be a build-up of smaller or minor problems that results in you feeling as though you have no other option but to quit.
If you’re quitting due to problems your employer created (or failed to address), you should explain why in your resignation letter and emphasise that this is the reason you are quitting.
You might wish to quit your job right immediately rather than serve out your notice period if there has been a major breach of contract.
However, you should give this some thought because it might be a violation of your employment contract and could affect your ability to succeed in a constructive dismissal lawsuit.
If you’re currently considering resigning, you should seek legal advice before taking any serious steps.
What Do I Need To Know When Making A Constructive Dismissal Claim?
When making a constructive dismissal claim, you should be aware that there are some boxes you’ll need to tick in order to be about to proceed.
- Having ‘employee’ status (this should be reflected in your employment contract or agreement to work)
- Working for your employer for a minimum of 2 years
- Making the claim within 3 months (minus 1 day) of the date your employment ending
The date your employment ended will differ depending on if you worked your notice period or not. If you DID, then it will be the final day of your notice period but if you DIDN’T, it will be the day you handed your resignation in.
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