If you are being bullied, harassed or otherwise mistreated at work, or you believe your employer has acted in breach of your employment contract, you may be considering resigning from employment. If the treatment you have suffered is sufficiently serious, you may be able to pursue a claim for constructive unfair dismissal.
You may be able to bring a constructive dismissal claim if you have been employed for over 2 years and your employer:
The above list isn’t exhaustive – there may be other events that, cumulatively, destroy the trust and confidence you have in your employer, or the employer might have breached your contract in other ways.
It is important to note that making a constructive dismissal claim is a very big step as it requires you to resign from employment with no guarantee of winning such a claim. It is a difficult and complex claim to pursue and win. It is also one that requires a careful analysis of what events have caused you to resign and whether or not they are serious enough to give rise to the claim.
If you are thinking of taking this route, we strongly recommend speaking to one of our friendly solicitors as soon as possible, and before you resign. You should not resign without taking advice.
Claims for constructive dismissal must be lodged within three months, less one day, of the last day of employment. This time limit is strictly applied but can be extended by using the ACAS Early Conciliation process correctly
If you can, you should always try and resolve the issue with your employer before you choose to leave. However, you should also note that if you have a good claim, delaying in resigning and following a grievance procedure can be damaging to your case.
We can help you with the following advice:
Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.
As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.
All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.
Want more information? Contact a member of our team today.
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Employment Rights Client, January 2022
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022.
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