Legal advice for constructive dismissal at work
If you are forced to leave your job because of the way you have been treated at work, this may constitute a constructive dismissal. Although there is no actual dismissal by the employer, the end result is the same as if you had been sacked.
Grounds for constructive dismissal
The reason for leaving your job must be serious – for example:
- A serious breach of your contract (e.g. not paying you, or suddenly demoting you for no reason)
- Forcing you to accept unreasonable changes to your conditions of employment without your agreement (e.g. suddenly telling you to work in another city or town, or making you work night shifts when your contract is only for day work)
- Bullying, harassment or violence against you by work colleagues
- Making you work in dangerous conditions
The employer’s breach of contract may be one serious incident or a series of less important incidents that are serious when taken together.
Who can make a constructive dismissal claim?
You are able to bring a constructive dismissal claim against your former employer if:
- You have been employed continuously for a minimum of two years prior to you the end of your employment; and
- There has been a fundamental breach of your employment contract by your employer which has then directly resulted in you resigning from your job.
How our expert team of employment law solicitors can assist with constructive dismissal claims
This is a complicated area of law as it’s often hard to prove that your employer’s behaviour was so bad that it made you leave your job. This is why we recommend that you speak to one of our constructive dismissal solicitors in Derby, Leicester and Nottingham if you think you might have a claim.
Contact us with a no obligation enquiry today and we will be able to discuss your employment issues in more detail. We also offer a fixed fee one hour appointment which is charged at £200 + VAT.
During this appointment, you will be able to meet with one of our experienced employment law solicitors and they will explain what your legal rights and options are.
"The employment department is very responsive, offering pragmatic legal solutions to some very complex issues."Client Feedback
"Nelsons Solicitors Limited is rated for its 'excellent support' and 'professional expertise'…the group handles a range of contentious and non-contentious matters, from industrial relations, whistleblowing and TUPE issues, to redundancy and reorganisation matters and senior executive exits. It also provides strategic HR advice and assistance with disciplinary and grievance hearings and employee consultations.”Legal 500
"My lawyer was wonderful. This was my first experience of approaching a Solicitor and I wasn't sure what to expect. She helped me massively."Client Feedback
"Thank you for your help during a difficult period of life for me. As well as the friendly welcome."Client Feedback
"My overall experience was a really good one. Easy to do business and friendly too."Client Feedback