Legal advice for constructive dismissal at work
If you are forced to leave your job because of how 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.
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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.
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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 directly resulted in you resigning from your job.
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How our expert team of employment law solicitors can assist
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 you speak to one of our employment law solicitors in Derby, Leicester and Nottingham if you think you might have a constructive dismissal claim.
Our expert team of employment law solicitors is recommended by the independently-researched publication, The Legal 500, as being one of the top teams of experts in the country.
We want to ensure that you don’t pay more than you need to for advice on your employment law issue and offer initial appointments where you will see a member of our employment team based on the complexity of your case and their experience and expertise. The charges for these appointments are based on our hourly rates and include up to a one-hour appointment, where you will be able to find out what your legal rights and options are, along with confirmation of our advice after the appointment.
For advice concerning a constructive dismissal claim, get in touch with our expert team of employment law solicitors in Derby, Leicester and Nottingham via our online form or call 0800 024 1976.
