Andrew Parascandolo
Employment Solicitor
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Phone: 01423 564551
Email: ap@powell-eddison.co.uk
Constructive Dismissal
What is Constructive Dismissal?
Constructive Dismissal is where your employer has acted in such a way towards you which allows you to leave your job and treat yourself as dismissed.
Whilst your employer has not actually fired you, they may have brought your employment to an end by their behaviour.
An example of Constructive Dismissal would be where your employer persistently bullies or intimidates you, forcing you to leave your job.
If your contract has been brought to an end in this way, then you would not be required to work your notice and you may be relieved of any restrictions in your contract.
Making a claim for Constructive Dismissal
The circumstances leading to constructive dismissal vary from case to case. For example, if you feel that your employer has fundamentally breached your contract of employment without cause, you may consider resigning and claiming constructive dismissal.
Remember, the maximum amount an Employment Tribunal can award for constructive dismissal is £76,574 or one year's salary, whichever amount is lowest.
What to consider before making a claim
Before you decide to go ahead with a Constructive Dismissal claim, you need to consider:
Have you been employed for 24 months? If you have not, then you cannot bring a claim for constructive dismissal
Has your Employer broken a term of your employment contract?
Has your Employer acted in a way that will likely result in the break down of your relationship of mutual trust and confidence?
Have you attempted to resolve the problem through your employer's grievance procedure? Failure to do this could reduce any compensation that you recover by up to 25%
What if you haven't worked for the qualifying period of service?
If you have less than two years service and do not have any discrimination element to your claim, you are unlikely to be able to bring a claim.
You can raise a grievance on the matter in question, and we can help you in preparing a letter to your employer which may have a positive effect in improving your situation. However, please note that by raising any grievance you are vulnerable to dismissal if your employer takes exception.
If you are dismissed as a result of raising a grievance, you may have a claim for asserting your statutory rights.
This would constitute an exception to the 'two year' rule and you may be able to bring a claim of automatically unfair dismissed to the Employment Tribunal.
