If your employer has changed your employment contract without your consent or is breaching the terms of your contract, we can help.
Constructive dismissal claims are usually very hard fought and tend to be very fact-specific and difficult claims to win. Given that you have to resign to bring such a claim, you would be putting yourself out of work, so a lot of care needs to be taken about whether this is the right decision for you. If you think you may have a case, it's important to get legal advice as soon as possible and not to delay. If there’s a long time between the breach happening and you resigning, your employer may try to claim that you’ve waived your rights - waiting a long time can look like acceptance.
To claim for constructive dismissal you must resign first and must do so promptly in connection with the breach. To pursue a claim, you need to have a serious reason to resign. You may be complaining about a breach of an express term of your written contract, or of implied terms such as “trust and confidence”. There are a range of actions which may, depending on the circumstances, entitle an employee to pursue a constructive dismissal claim including:
Of course resigning from your job is often financially and emotionally daunting, so talk to an employment law specialist before you take any big steps. An employment lawyer can:
Our experienced employment law specialists have handled multiple cases and we have numerous negotiation techniques and tactics up our sleeves. We’re adept in managing contractual disputes and we’ll be by your side, working to get you the best possible outcome. We can also advise you on other potential claims you may have, for instance if you feel you have been forced to leave because you are a whistleblower, or if your employer has acted in a discriminatory way towards you.
Constructive dismissal is where an employee can treat themselves as having been dismissed because of a fundamental breach of contract by the employer. You may be able to make a claim for one serious breach of your contract, for example, if your employer refuses to pay you without good reason. Alternatively, you may have left your job after the last straw in a series of smaller breaches, which become serious when viewed collectively.
A contractual or summary dismissal is the immediate termination of an employment contract by an employer due to a serious breach of the contract or workplace policies by the employee. This type of dismissal typically occurs without notice or the usual termination procedures and is often reserved for severe misconduct or gross violations of company rules.