| Constructive dismissal is a complicated area, and | | | | If you are not happy with the way that your |
| many people are not entirely sure what it means. | | | | employer is behaving towards you, you should |
| If your employer has acted in such a way that | | | | raise a formal grievance. Clarify exactly what is |
| you feel you simply have to leave your current | | | | making you unhappy. Following the ACAS Code of |
| employment, this may mean you have a claim for | | | | Practice, your employer should then arrange a |
| constructive dismissal. | | | | formal meeting, without unreasonable delay, to |
| Constructive dismissal takes place when an | | | | discuss the grievance. Being helpful and reasonable |
| employee terminates their employment because | | | | during negotiations with your employer might help |
| the employer's conduct is such as to make it | | | | resolve the problem. Employment Tribunals are |
| unbearable for the employee to continue in their | | | | frequently more sympathetic toward employees |
| employment. This treatment must be so grave | | | | who have attempted to settle or mediate |
| that it amounts to a repudiatory breach of | | | | problems before going to a tribunal. |
| contract, i.e. conduct that entitles the employee to | | | | Experienced employment solicitors appreciate that |
| treat the contract as terminated. | | | | those employees who find themselves in a |
| Constructive dismissal can apply to a series of | | | | situation where they are likely to make a claim |
| events, not just one specific event. Constructive | | | | for constructive dismissal, are often suffering |
| dismissal claims relate to the employer's breach of | | | | from anxiety, stress or even depression. You |
| express of implied terms of your employment | | | | should seek medical advice if you think you may |
| contract. This could include the advertisement for | | | | be suffering from any of these conditions and be |
| your job, something laid out in the staff handbook | | | | sure to let your employer know the reasons for |
| or the terms and conditions written in your | | | | your absence. |
| contract. It can include breach of implied terms, | | | | Time limits for an Employment Tribunal |
| like an employer's duty of care towards its | | | | You must leave within a reasonable time of the |
| employees or duty to act reasonably. | | | | breach - do not delay. You then have a strict 3 |
| You could claim constructive dismissal if your | | | | month period from the date you left to file an |
| employer has reduced your wages, amended | | | | employment tribunal claim. An Employment |
| your job description or your hours and place of | | | | Tribunal may interpret your delay as having |
| work, or ignored a request to improve bad | | | | accepted the changes in your contract - the main |
| working conditions. | | | | point about constructive dismissal is that the |
| Examples of a severe breach of an implied term | | | | situation has become such that it is simply |
| amounting to constructive dismissal would include; | | | | impossible to continue your employment. |
| an employer making it impossible for you to do | | | | Although feeling that you have no alternative than |
| your job effectively, not giving you the support | | | | to resign, and subsequently doing so, may |
| required to carry out your work without | | | | constitute constructive dismissal you should take |
| interference or harassment from colleagues, or | | | | legal advice on your individual situation before |
| wrongly accusing you of theft with no evidence | | | | handing in your notice unless your conditions are |
| to support the accusation. | | | | entirely intolerable, in which case seek legal advice |
| In order to claim constructive dismissal you must | | | | immediately thereafter. The area of employment |
| have had one year's continuous employment. If | | | | law is complicated and you should always consult |
| you have less than one year's continuous | | | | an experienced employment solicitor for legal |
| employment, you could still claim constructive | | | | advice relevant to you, whether for a general |
| dismissal if you are able establish that your | | | | employment law problem or a constructive |
| employment was terminated for an automatically | | | | dismissal case. |
| unfair reason. | | | | |