If you feel you have been forced into resigning or have been dismissed from your role unfairly, you may have been a victim of constructive dismissal.
This is a legal term used to describe circumstances where your employer has gone against the terms of your employment contract in a way that makes it difficult for you to do your job, so you are forced to leave.
Examples of constructive dismissal
Your employer may be guilty of constructive dismissal if they make a large change to your employment contract. For example, they might do this by changing your working hours or patterns significantly, changing your benefits such as a company car, or not preventing other employees from harassing you. More information can be found at https://www.gov.uk/dismissal/unfair-and-constructive-dismissal.
If you are Gloucester-based and you feel you have been treated in this way and are looking for solicitors Gloucester has many specialist firms, including https://www.deeandgriffin.co.uk.
How to deal with suspected constructive dismissal
Employment contracts are built on trust and confidence, and if you feel this has been breached, it is worth seeking expert advice, especially prior to resigning. The first step is to let your employer know that you feel they are guilty of breaching your terms of employment.
Your employer should treat this seriously and open up a grievance process to hear your concerns and investigate the situation. Be sure to participate fully in this.
If the grievance process does not solve the issue, it is possible to appeal. Once you have exhausted this avenue and still feel you need to resign, you can go to an employment tribunal, citing constructive dismissal. You need to do this within three months of leaving your job.
Going to a tribunal itself does not incur a fee, but you will need legal representation, which can be costly. It is always worth checking if you are covered for legal fees under your home insurance policy.
It is always preferable to try to come to an arrangement with your employer without having to go to a tribunal, but this needs to be done with expert help and advice. If you do go to a tribunal and it rules in your favour, you can expect to be awarded around a year’s salary.