CONSTRUCTIVE DISMISSAL ADVICE

Employees are entitled to a positive work environment. No one should feel the need to resign to escape unsatisfactory conditions or unfair treatment. An employee who is forced to resign because of illegal working conditions or the unreasonable behaviour of their employer did not willingly resign and is therefore the victim of “constructive dismissal”. English law empowers anyone subjected to wrongful termination of employment with the right to claim compensation.

Compensation may be claimed when a resignation is tendered because either:

Illegal working conditions or unfair treatment made the employee feel unable to continue their employment.

or

The employer changed the job contract to adversely affect the employment or the employee’s capability to do the work.

Claims which are made because of a change of contract are stronger if the employee resigns soon after the change is made. A claim is less credible if the employee continues to work in unacceptable conditions for a long period of time before leaving.

It is to be noted that in all cases the employee must put in a grievance and follow the minimum statutory procedures before he can initiate a claim for constructive dismissal.

An employee can leave a job immediately when subjected to illegal working conditions or treatment. The legally binding terms of an employment contract becomes void by these unlawful actions. Specialist employment law solicitors can answer questions about a specific situation. They can tell you what constitutes illegal working conditions or treatment and inform you of your rights and options.

Substantial evidence is needed to prove these cases and the ex-employee needs to present a valid case for compensation by providing detailed constructive dismissal information about the circumstances that forced their resignation.

It is advisable for anyone who feels they are being unfairly and possibly illegally treated to keep a diary of events. The employee may eventually feel forced into resigning. They may then need to take legal action to recover financial losses including loss of earnings. Records of relevant events make legal action easier and quicker by helping prove the unacceptable conditions which forced their resignation. It is also useful to keep any written evidence, such as meeting minutes, altered contracts or memos.

Anyone who is finding their working conditions unacceptable and believes they would have a case if they were to resign should seek urgent legal advice before taking any action. Immediate losses can include post-resignation salary, bonuses owed, commissions owed, leave pay and holiday pay. Anyone considering leaving a job should seek specialist advice to find out their options. A specialist employment law solicitor can give advice on how to gather evidence and how to strengthen your claim.

Everyone has the same employment rights from the highest levels of management to the most junior staff. Anyone whose rights are breached is entitled to seek justice and compensation.

We are able to offer a wide range of employment law advice including :-

• unfair dismissal
• constructive dismissal
• redundancy
• racial discrimination
• sex discrimination
• racial harassment
• sexual harassment
• disability discrimination
• workplace bullying law
• compromise agreements
• age discrimination
• victimisation
• equal opportunities
• discrimination through pregnancy
• transfer of undertakings
• working time regulations
• commercial agents
• religious discrimination
• discrimination on the grounds of sexual orientation

If you believe you have a claim, it is important to get advice from a solicitor specialising in the field of employment law. The laws governing issues of employment are complex and overlap with a number of other areas of law. The specialist knowledge of an employment law solicitor is vital in pursuing a claim. If you would like advice just telephone us for a free initial consultation.