Constructive Dismissal Solicitors

If you are being bullied, harassed or otherwise mistreated at work, or you believe your employer has acted in breach of your employment contract, you may be considering resigning from employment. If the treatment you have suffered is sufficiently serious, you may be able to pursue a claim for constructive unfair dismissal.

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In what circumstances can you claim constructive unfair dismissal?

You may be able to bring a constructive dismissal claim if you have been employed for over 2 years and your employer:

Hasn’t taken steps to stop people harassing or bullying you
Has demoted you without just cause
Has not paid you
Has made unreasonable changes to your working conditions
Failed to provide a safe working environment
Hasn’t provided you with the support you needed to perform your role
Withdrawn important benefits set out in your employment contract
You have been discriminated against
Has otherwise breached your contract

The above list isn’t exhaustive – there may be other events that, cumulatively, destroy the trust and confidence you have in your employer, or the employer might have breached your contract in other ways.

It is important to note that making a constructive dismissal claim is a very big step as it requires you to resign from employment with no guarantee of winning such a claim. It is a difficult and complex claim to pursue and win. It is also one that requires a careful analysis of what events have caused you to resign and whether or not they are serious enough to give rise to the claim.

If you are thinking of taking this route, we strongly recommend speaking to one of our friendly solicitors as soon as possible, and before you resign. You should not resign without taking advice.