What is constructive dismissal and what to do about it?

In UK employment law, the concept of constructive dismissal is commonly explained? where an employee feels forced to leave their job due to their employer’s behaviour.

This may be because the employer has made life very difficult, sometimes purposely which fundamentally breaches the contract.

When this happens, the law treats the resignation as if it were a dismissal . This in turn allows the employee to claim for constructive dismissal, most commonly?under section 95 of the Employment Rights Act 1996.

In order to make a claim for constructive dismissal you must have been with your employer for two continuous years (if your employment commenced after 1st April 2012).? However, there are some cases where there is no minimum service requirement such as in unlawful discrimination on the grounds of sex, maternity, race, disability or age for example.

This time limit used to be limited to one year but was increased?in April 2012 as a part of the Governments? reforms to employment law.

The most obvious example of constructive dismissal is the failure to pay an employee but others include:

? Harassing or humiliating staff, particularly in front of other less senior staff

? Reducing commission or opportunity to earn commission

. failing to address employee’s grievances

? Changing the employee’s job content or terms without consultation

? Making a significant change in the employee’s job location at short notice

? Falsely accusing the employee of misconduct

. Failing to provide a safe work environment

? Excessive demotion or disciplining of employees

As an employee, you can resign over one serious incident or due to the build-up of a number of incidents. However, you must resign soon after the last incident in order to be able to rely upon it. The general rule is that you must file an Employment Tribunal claim within three months of resigning, although there are some exceptions.

It is vital that you obtain specialist advice on the area of constructive dismissal, preferably before taking the decision to resign so contact us now using our contact form or call us on 0870 787 3688 now.

If you are an employer being accused of constructive dismissal then call us for instant advice.

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