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Are you feeling trapped in a toxic work environment? Has your employer's behavior made your job unbearable? You may be a victim of constructive dismissal, a serious employment law matter that you should not ignore.
If you're here, you may be subject to difficult and stressful treatment from your employer. If your working environment has become intolerable due to your employer's actions, you may feel like you have no option but to resign. If so you are possibly in the situation of being constructively unfairly dismissed from your job. You have the right to be treated fairly and with respect in the workplace, and our experienced team of lawyers is here to help you protect those rights. If you cannot remain employed, you may need to resign quickly, so contact us urgently (and before you take any action) to know your rights and options.
You don't have to go it alone - Springhouse Solicitors has a proven track record of successfully representing clients in constructive dismissal cases. Let us put our experience to work for you. Call us today on 0800 9157777
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Constructive Dismissal
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Just a few of the reasons to choose Springhouse Solicitors
Experience
Our team of lawyers has years of experience handling constructive dismissal claims. We have successfully represented clients in a wide range of cases and are confident that we can help you achieve a positive outcome.
Expertise
We have extensive knowledge of the legal system, and our solicitors stay up-to-date with changes in the law to ensure that we provide our clients with the best possible representation.
Personalised Service
At Springhouse Solicitors, we treat each client as an individual and tailor our approach to their specific needs. We understand that constructive dismissal can be a highly emotional experience, and we are here to offer you support and guidance throughout the process.
Transparent Fees
We believe in transparency when it comes to fees, and we will always provide you with a clear and upfront breakdown of our charges. We offer competitive rates for our services and will never charge you hidden fees.
Strong Track Record
We have a proven track record of success when it comes to constructive dismissal claims. Our lawyers have achieved significant payouts for our clients, and we are confident that we can do the same for you.
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We are proud of the positive feedback we receive from our clients. Our commitment to providing a personalised service and achieving the best possible outcomes for our clients has earned us an excellent reputation in the legal community.
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We believe in clear and open communication with our clients. We will keep you informed of progress in your case and provide you with regular updates.
Commitment to Results
Our ultimate goal is to achieve the best possible outcome for our clients. We will fight tirelessly to ensure that you receive the compensation and justice you deserve.
You don't have to go it alone - Springhouse Solicitors has a proven track record of successfully representing clients in constructive dismissal cases. Let us put our experience to work for you.
Constructive dismissal occurs when an employee resigns from their job as a result of their employer's breach of contract, such as changing the terms of employment or creating an intolerable working environment. Unfair dismissal, on the other hand, refers to an employee being dismissed without good reason or without following the proper procedures. Both forms of dismissal can have serious consequences for employees, including loss of income, damage to their professional reputation, and emotional distress.
At Springhouse Solicitors we understand the challenges that our clients face when dealing with constructive dismissal. Our team of legal experts has a wealth of experience in helping clients navigate the complex legal landscape surrounding employment law. We offer personalized and comprehensive legal support to help our clients secure the compensation and justice they deserve.
Below you will find information about the legal process for making a constructive dismissal claim, the likely payouts if your claim is successful, and the steps you should take if you believe you've been unfairly dismissed.
Our FAQ section provides answers to common questions that our clients have about constructive dismissal, and our booking form makes it easy to schedule an initial consultation with our team.
If you're dealing with constructive dismissal don't hesitate to reach out to us for help. We're here to support you every step of the way.
Let us help you win your constructive dismissal case - our team of experienced lawyers has a proven track record of securing successful outcomes for our clients.
Louise Maynard
PARTNER
Constructive / Unfair Dismissal Specialist
A note from Louise Maynard
If you're reading this, you may be going through a tough time at work. I understand how difficult it can be to feel unsupported, undervalued, and unfairly treated in the workplace. It's a terrible feeling when your employer fails to honor their commitments to you as an employee, or when they disregard your basic rights.
I personally experienced constructive dismissal, and I know firsthand how devastating it can be. The stress, the anxiety, and the financial strain can take a heavy toll on your well-being. But I also know that there is hope. With the right support and guidance, you can take steps to hold your employer accountable for their actions.
That's why I want to encourage you to seek out the help of our law firm. Our team of experienced lawyers is here to provide the support and guidance you need to navigate the legal process and secure the justice you deserve. We'll work tirelessly on your behalf to build a strong case and fight for your rights.
I know it can be scary to take action against your employer. But remember, you have the right to be treated fairly and with respect in the workplace. Don't let fear hold you back from seeking the justice you deserve. Contact us today to schedule a consultation and take the first step towards a brighter future.
Below we have outlined some of the most common questions for Constructive Dismissal
What is Constructive Dismissal?
Constructive dismissal refers to a situation in which an employee resigns in response to their employer’s conduct. In this situation, the employer has created such an intolerable working environment, either through a single serious event or a series of smaller events, that the employee has no option but to resign.
The employer’s behaviour must be a breach of the employment contract and make continuing to work for the employer impossible.
It is important to note that not every unpleasant or difficult situation in the workplace entitles an employee to resign and claim constructive dismissal.
Basic principles
The employer must be in serious breach of contract. A breach of contract can be one serious incident or a series of smaller incidents that accumulate overtime, ending with a ‘final straw’ incident.
The employee must resign promptly, and in response to the employer’s breach of contract.
The employee must prove that the employer has acted in breach of contract.
The employee must show that that the employer’s conduct is more than unreasonable – the distinction is often a narrow one, and the employee must show that the employer’s conduct was intentional or likely to destroy trust and confidence.
Examples of breach of contract
1. A breach of the implied term of trust and confidence such as:
- Harassment, discrimination, bullying, or any other behaviour that is illegal or unethical and creates a hostile working environment
- Breach of employee’s duties under legislation such as the Equality Act 2010, or Employment Rights Act 1996
- Making the job impossible;
- Treating an employee unfairly and differently relating to pay and bonuses;
- Invitation to resign
- Operating a corrupt business
2. Breaches of other implied terms of the employment contract, such as:
- duty to take reasonable care of health and safety of the employee;
- prompt redress of grievances;
- duty of confidentiality;
- negative comments about the employee;
- duty to provide work.
Note that such breaches will often amount to a breach of the overriding implied term of trust and confidence.
3. Breach of written terms of the employment contract.
For example, significant changes to working conditions without a good business reason, or which the employee cannot be expected to comply with. This can include changes to hours of work, job duties, work location or a reduction in pay or benefits. The changes must be substantial.
It is important to note that the above are just examples and will not always give rise to an entitlement to resign and claim constructive unfair dismissal.
How much might my constructive dismissal claim be worth?
Wrongful dismissal
The employee resigns without notice, such a claim will be for notice pay.
Constructive unfair dismissal
- Constructive unfair dismissal does not mean unfair in the moral sense but legally unfair.
- Where the employee has at least two years’ service, the employee can claim constructive unfair dismissal.
- In exceptional circumstances, an employee will be able to claim automatic constructive unfair dismissal with less than two years’ service, for example if the employee has been subject to a detriment for making a protected disclosure (commonly known as ‘whistleblowing’).
- The compensation for a claim will be a basic award (which is calculated the same way as statutory redundancy pay) and compensation for future loss of earnings (currently capped at the lesser of 12 months pay or £105,707 (from April 2023)).
- The employee’s actual compensation will be for the amount of time they were, or are likely to be, out of work. There are also other factors that may reduce the award or, where there is a failure by the employer to comply with the grievance process set out in the ACAS code of practice, increase it by up to 25% (within the cap).
- In the exceptional cases of automatic unfair dismissal, the compensation for future loss of earnings will not be capped at £105,707 e.g. if the breach of contract relates to a detriment suffered by the employee for making a protected disclosure (i.e. whistleblowing) or is discriminatory.
Unlike wrongful dismissal, the employee may resign with or without notice.
What practical steps can I take to improve my chances of winning a claim for constructive unfair dismissal?
Raising a grievance
In most cases, an employee should raise a grievance with their employer whilst reserving their legal rights to bring a claim for constructive unfair dismissal, and preferably before resigning. It is important to note that the employer cannot ‘cure the breach of contract’. All it can do is put forward proposals to encourage the employee to waive the breach and remain in employment. If the employer fails to do that, the employee may resign.
What evidence do I need to prove constructive dismissal?
Proving constructive dismissal can be a complex process and specific evidence required will depend on the circumstances of each case. However, some types of evidence that may be helpful in proving constructive dismissal include:
1. Documentation of employer’s behaviour sent to the employee: This could include emails, letters, or written statements detailing the employer’s behaviour or the changes to working conditions. It is important not to take confidential information belonging to an employer;
2. Witness statements: Statements from co-workers; supervisors; or other individuals who have witnessed the employer’s behaviour;
3. Personal records: It is important to keep notes of matters as they occur, this will include dates, times, and descriptions of the behaviour i.e., a diary.
4. The employment contract: The terms of the employment contract, including nay promises made by the employer, can be used to support a claim that the employer breached the employment contract.
Settlement
Legal proceedings are a last resort, and it is often possible to settle a potential claim for constructive unfair dismissal before resignation, or before commencing legal proceedings.
As the employee must apply for ACAS Early Conciliation before bringing an employment tribunal claim, a settlement can often be reached via ACAS. It is important to note that ACAS do not give legal advice, take sides or make any judgments. They are there to assist the parties reach a settlement if both parties want to engage in the process.
Alternatively, an employment lawyer can assist. An employment lawyer can advise about the strength of a claim and what will be a reasonable settlement. Knowing the strength of the claim can help the employee reach a reasonable settlement in negotiation. An employer lawyer can also assist in negotiation by putting forward the employee’s case in legal terms to demonstrate how exposed the employer is to a claim, and to explain how the settlement figure put forward is reasonable.
What are the time limits for constructive unfair dismissal?
There are strict time limits to adhere to. The time limit to bring a claim for constructive unfair dismissal expires three months less one day from the last date of employment.
An employee must apply for ACAS Early Conciliation before the time limit expires. If it does not, it will not be able to bring a claim for constructive unfair dismissal in the employment tribunals.
It is important to take legal advice about time limits including that the matters giving rise the potential constructive unfair dismissal may give rise to an alternative ‘action short of dismissal’ claim that may entitle the employee to an award of compensation for injury to feelings. This will be the case where there has been unlawful discrimination or detriments/victimisation such as for making a protected disclosure (whistleblowing). Such claims will have different, earlier time limits.
Constructive FAQ's
Here are some of the most common questions when it comes to Constructive Dismissal