Constructive Dismissal Guide
Work can be challenging at the best of times, but if you've reached a point where it's just too much and you're thinking about resigning, you might have a claim for constructive dismissal.
Similarly, if you've already resigned due to unfair treatment, you may also have a case.
Our team of experienced solicitors specialise in employment law. Whatever your situation, we can provide you with advice and guidance on constructive dismissal and your rights before making any decisions.
In this guide, we'll explain what constructive dismissal is, how to strengthen your position when building your case, and how you might go about trying to resolve the issue.
What is constructive dismissal?
Constructive dismissal (sometimes called constructive unfair dismissal) is when you feel pushed to resign because of your employer's actions or behaviour. For example, if they:
Stop paying you;
Demote you for no good reason;
Drastically change your shifts or work pattern in a way that's different from what you agreed on;
Discriminate against you;
Let co-workers harass or bully you;
Breach your work agreement.
If you find yourself in a situation where you no longer feel you can continue working because of actions like this, it's a good idea to speak to an employment solicitor. They can help you figure out if you can resign and make a claim for constructive dismissal. Or, if you've already left your job, they can provide clarity on what your next steps might be.
What counts as constructive dismissal?
It can be incredibly difficult when where you work becomes a place where you don't feel safe or happy. While not every tough situation might mean you have a case for constructive dismissal, you might have a strong case if:
Your employer is turning a blind eye to harassment or bullying from colleagues;
You've been unjustly demoted;
Your work conditions are drastically changed, like switching your day shifts to nights;
The workplace is unsafe and your employer isn't fixing it;
You're not getting the support you need to do your job properly;
The benefits outlined in your employment contract are taken away.
If you've been employed in a workplace for at least two years and any of these circumstances come about, you may have a constructive dismissal claim.
That being said, it's not a decision to take lightly and you need solid proof to back up your claim. Before taking the leap, get a free case assessment from our legal assessment team to better understand your options and how our employment solicitors may be able to help.
What should I do if I'm considering resigning because of problems at work?
If issues at work have become so hard to deal with that you're considering resigning, you should first talk to your employer. Sometimes problems can be easily sorted out through an informal conversation.
If that doesn't work, then you might consider raising a grievance. This is essentially a formal complaint that your employer has to address.
If neither of these avenues leads to a solution, you may then decide you have no choice but to resign. If this is the case, we highly advise speaking to a solicitor before taking action to help you make an informed decision.
If you decide to resign, you should be upfront in your resignation letter about why you're leaving. If there's a major contract breach and you want to leave without serving notice, it could be seen as a breach of your employment contract, but sometimes it's justified.
The best move in this situation is to get some legal advice to make sure you're on solid ground.
Who can claim constructive dismissal?
You can typically make a constructive dismissal claim to a tribunal if you're an 'employee' and you've worked for your employer for at least 2 years.
In certain situations, you don't need to have been employed for two years to make a claim. This includes situations where:
You spilled the beans on wrongdoing (whistleblowing) and your employer is treating you poorly because of it;
You're facing discrimination based on protected characteristics like sex, disability, race, pregnancy, etc;
The employer is in breach of contract without your agreement.
There are also time limits to make a claim. You've got three months minus one day from either the last day of your notice period or the day you resigned (if you didn't give notice).
