Constructive Unfair Dismissal
If you have had to terminate your employment contract due to your employer's behaviour or conduct or if you feel you have been forced out of your job because of the treatment you've endured at work, such as bullying you may have a claim for constructive dismissal.
Constructive dismissal claims are the second highest common claim to be presented to an Employment Tribunal. An employee is constructively dismissed if they resign because of the way they have been treated.
To claim constructive unfair dismissal, the employee must show that:
- They were treated badly in breach of the employer's duties and obligations. Commonly the breach of trust and confidence is relied upon
- The breach was causing the relationship between the employee and employer to dissolve
- They resigned because of that breach
An employee who resigns in such circumstances can present a claim for constructive unfair dismissal and wrongful dismissal.
- To proceed, you must be an employee (rather than an independent contractor or self-employed), and must have been working for at least two years (although this requirement is subject to exceptions, for example, if the dismissal was discriminatory related) Furthermore, it is advisable for an employee to pursue a grievance with their employer prior to presenting a claim to an Employment Tribunal.
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