Constructive dismissal is where you allege that your employer’s actions or failure to act has fundamentally breached your contract of employment. You would usually claim that the actions or inactions undermine the implied duty of trust and confidence between you and your employer.
As a result of the breach, you may choose to treat yourself as discharged from working under the contract which essentially means that you must resign from your employment.
To be eligible to bring a constructive unfair dismissal claim in the Employment Tribunal, you will need to have two years’ continuous employment prior to the date of termination of employment although there are some exceptions to this.
In addition, there are various matters which you need to establish to succeed in a constructive unfair dismissal claim and, as a result, success in bringing those claims is often not easy. You should take professional advice before resigning from your employment in the belief that you have a claim for constructive unfair dismissal.
Raising a grievance
You may decide to raise a grievance with your employer about the issues which you are experiencing at work. This may resolve the problem so that you feel happy to continue in your job, rather than resign. However, quite often, employees are left unhappy with the outcome of grievances and still want to leave employment.
We find that where you have a potential constructive unfair dismissal claim that we can often broker a Settlement Agreement with your employer. We can do this after you have resigned but we would usually recommend that we did this before you made any decision to resign.
We have experience in writing to employers, setting out your claims and inviting your employer to offer a financial package to you. In return for accepting the financial package, your employment would end under a Settlement Agreement and you would give up your employment claims.
Settlement Agreements are legal binding agreements upon which you must receive independent legal advice. The Agreement usually includes a variety of clauses, such as the settlement of claims, confidentiality of the Agreement, an agreement that neither side makes derogatory comments about the other and the provision of an agreed reference for you.
Our solicitors work across the whole of the Coventry and Warwickshire region including Rugby, Nuneaton, Bedworth, Leamington Spa, Kenilworth, Warwick, Atherstone and Balsall Common as well as further afield.
The above is not intended to provide advice.