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Our solicitors are specialists in the area of employment law in the United Kingdom. They are qualified to provide you with advice and services on any matter related to employment disputes. Constructive dismissal which is amongst our solicitors' specialties can quickly become a complex matter. You need the services of a lawyer with extensive knowledge of this area of employment law.
Using our services to bring an employment law claim is risk-free. Our no win no fee payment scheme means that you do not pay any legal fees if your constructive dismissal solicitor is not successful in obtaining your financial compensation. We provide free, confidential consultations. For no-obligation employment law advice, you can call us on our helpline or use the contact form on our website.
Every employee should enjoy a work environment conducive to productivity and efficiency. No employee should be forced to resign because they're continually subjected to abusive treatment and unpleasant, oppressive work conditions. A person becomes a potential claimant of constructive dismissal if they resign because of unbearable stress due to offensive working conditions or unfair treatment by their boss or a colleague. In these instances, the employee is not considered to have resigned of their own free will. Should negotiations for a settlement fail, victims of constructive dismissal have the right to apply to the Employment Tribune and seek compensation for their suffering.
- Abusive treatment by boss or colleagues.
- Workplace bullying.
- Criminal or otherwise dishonest work practices.
- Unendurable working conditions.
- General unfair treatment.
- Sexual harassment, prejudice or discrimination.
- Racial harassment, prejudice or discrimination.
- Any prejudicial treatment related to factors such as sexual preference, age, religion or pregnancy.
The following scenarios represent instances when an employee's resignation may qualify as constructive dismissal, making them eligible for financial compensation. Note that the following list is provided by way of example and is not inclusive of every situation that may constitute a claim for constructive dismissal.
A common claim for constructive dismissal arises when an employee's job description is significantly changed. Suddenly the employee is forced to perform tasks that were not part of the agreement when they started the job. Sometimes these changes are such that the employee is no longer able to carry out their work. If you find yourself in this situation, you'll have a more effective claim for constructive dismissal if you resign immediately after the changes are made. The longer you stay on the job after the changes to your job description, the weaker the claim becomes. Before bringing a claim for constructive dismissal, the offended employee should file an official grievance with their employer, giving the employer an opportunity to correct the problem. Anyone considering resigning from their job because of intolerable working conditions should first seek advice from a legal professional. Taking the proper course of action is critical for bringing a successful claim.
The outcome of any legal case depends largely on the quality of the available evidence. Extensive, concrete evidence of the events and conditions that caused the employee to resign must be brought forth in order to obtain a favourable judgment. We highly recommend that potential claimants make careful notes and keep a running log of each incident as it occurs. Any physical evidence, such as meeting minutes, memos, email or written alterations to employment contracts should also be kept. It is important to make a note of anyone who was present when the relevant incidents occurred and could potentially serve as a witness.