What is Constructive Dismissal UK?
Constructive dismissal happens when you have no other option other than to resign from your role because of how you’ve been treated by your employer, whether directly or indirectly.
The reality for a lot of people is that if they’re in a situation where they feel as though they’re being forced out of their role or can no longer continue working there, they don’t know what to do.
And they might not even realise that there are legal protections in place to support them.
Constructive Dismissal – What Do I Need To Know?
You might not be sure whether you’ve got a legitimate reason to claim constructive dismissal or not…
And that’s fair enough – it’s not easy to know when you’ve not experienced it before and you’re not up-to-date with employment law (I mean, other than employment lawyers and employers, who is?!).
But that’s precisely why at Solicitors Near Me, we’re here to help.
Whatever your situation, you should speak with a legal expert before you do anything else. That might be someone from the Citizen’s Advice Bureau, a union representative, or it might be a solicitor.
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.
It’s important that you document all the details of any incidents, issues and behaviours so that if the case does go to an employment tribunal, you have the full facts available.
What Happens If I Want To Claim For Constructive Dismissal?
If you quit due to poor treatment or a contract violation, filing a constructive dismissal claim may be your only recourse.
However, in order to file a claim for constructive dismissal with an employment tribunal, you must make the claim within 3 months (less one day) of the day your employment ended. That will either be the final day of your notice period OR the day you handed your resignation in if you didn’t work your notice period.
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 campaign’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.
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.
If any of these circumstances sound familiar, you might have a claim for constructive dismissal.
UK Constructive Dismissal Solicitors Near Me
At Solicitors Near Me, we put you in touch with knowledgeable constructive dismissal solicitors near you so that you can get the advice you need to support your claim.
Oh, and until you decide to proceed with a solicitor, you won’t pay a penny – our service is FREE!
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