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.
Image
Credit
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.
Image
Credit
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.
Employment tribunals
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.
Examples of a fundamental breach
Constructive dismissal can be hard to recognise when you are in the middle of it. Typical examples include not being paid what you are owed, being made to work nights when your contract says days, and an employer failing to respond to a formal grievance you have raised. In each case the employer has gone against the basis on which you were employed.
Challenging this is rarely quick. It can take months of effort, and the process can feel daunting when your employer is more familiar with dismissals than you are. But employment law exists to protect employees from unfair treatment, and claims can succeed.
Keep records of what has happened, including dates, emails and any grievance you submitted, as they will support your case. Most importantly, seek proper legal advice early. A specialist in employment law can tell you whether your situation is likely to amount to constructive dismissal and what steps to take next, before you make any decision about resigning.
When a dismissal is likely to be fair
Before making a claim, it helps to understand the reasons an employer can lawfully dismiss someone. Misconduct covers issues such as frequent absence, unreliability and poor timekeeping. Usually you will have been warned and given the chance to improve before dismissal. Gross misconduct is far more serious and can lead to dismissal without warning. Examples include violence at work, bullying and theft.
Redundancy happens when a role no longer exists in the business. In that case you will normally receive some financial compensation, often linked to how long you have worked there. Poor performance is another reason. If your work consistently falls short of the required standard, or you fail to carry out parts of your role, you should be warned and given a chance to improve, but continued failure can lead to dismissal.
If none of these apply, or your employer did not follow a fair process, you may have grounds for a claim and should take advice.
