Constructive Dismissal

Unfair dismissal and resignation

In the event that a employee felt they had no other choice but to resign from their job, it may be judged to be a case of constructive dismissal if the reason for the worker leaving was a serious breach of contract.

Examples of valid reasons for constructive dismissal may be a cessation of payment or sudden inexplicable demotion, changing working conditions without agreement, harassment by colleagues, or being forced to work under dangerous conditions.

Claims for unfair dismissal

Anyone who feels they can no longer remain in their job due to breach of contract by their employer should resign immediately to give themselves the best chance of proving constructive dismissal, as it can be notoriously difficult to prove that the conduct of your employer was so iniquitous that you were forced to quit your job.

The longer you remain employed under these supposedly unfair conditions, the more convincingly the employer will be able to argue that you had accepted them.

Unfair dismissal

Constructive dismissal can fall under the categories of unfair and wrongful dismissal. You can make a claim for both, providing that you served the company for at least one year. Claims for unfair constructive dismissal proceed similarly to other types of unfair dismissal case, although there can be a debate over whether a dismissal actually occurred.

Legal Advice

It is advisable to take legal advice if you feel you have to leave your job, or have just done so. To speak to an expert employment law solicitor who will be able to give you sound guidance on the matter, please use the form on the right-hand side of this page.

A guide to unfair dismissal

Every employer has a duty of care to look after their employees as far as possible. The duty of care includes health, safety and welfare of employees while they are at work.

The cutthroat world of unfair dismissals

In England there is no right to protection from unfair dismissal in common law. As long as the employer gives appropriate notice, or their reason for dismissal is so severe as to allow him to treat the contract as breached and dismiss the employee without notice, he will have acted fairly.

What constitutes unfair dismissal

If you have recently left a job due to being sacked and you feel that you were done so unfairly, then you may be entitled to claim for unfair dismissal against your employer.