Constructive Dismissal - A Simple Guide
By: Tim Bishop | Posted: 06th May 2010
Constructive dismissal is a complicated area, and many people are not entirely sure what it means. If your employer has acted in such a way that you feel you simply have to leave your current employment, this may mean you have a claim for constructive dismissal.
Constructive dismissal takes place when an employee terminates their employment because the employer's conduct is such as to make it unbearable for the employee to continue in their employment. This behaviour must be so serious that it can be classed as a breach of contract i.e. conduct that entitles the employee to treat the contract as terminated.
Constructive dismissal can apply to a series of events, not just one specific event. Constructive dismissal claims relate to the employer's breach of express of implied terms of your employment contract. For example, your written terms and conditions, the advertisement for the position, or something written in the staff handbook. It can include breach of implied terms, like an employer's duty of care towards its employees or duty to act reasonably.
You could claim constructive dismissal if your employer has reduced your wages, amended your job description or your hours and place of work, or ignored a request to improve bad working conditions.
Examples of a severe breach of an implied term amounting to constructive dismissal would include; an employer making it impossible for you to do your job effectively, not giving you the support required to carry out your work without interference or harassment from colleagues, or wrongly accusing you of theft with no evidence to support the accusation.
In order to claim constructive dismissal you must have had one year's continuous employment. If you have less than one year's continuous employment, you could still claim constructive dismissal if you are able establish that your employment was terminated for an automatically unfair reason.
If you are not happy with the way that your employer is behaving towards you, you should raise a formal grievance. Explain fully what it is you are unhappy about. Following the ACAS Code of Practice, your employer should then arrange a formal meeting, without unreasonable delay, to discuss the grievance. You should try to be reasonable and helpful in trying to resolve the problem through negotiation with your employer. Employment Tribunals are frequently more sympathetic toward employees who have attempted to settle or mediate problems before going to a tribunal.
Experienced employment solicitors appreciate that those employees who find themselves in a situation where they are likely to make a claim for constructive dismissal, are often suffering from anxiety, stress or even depression. You should seek medical advice if you think you may be suffering from any of these conditions and be sure to let your employer know the reasons for your absence.
Time limits for an Employment Tribunal
You must leave within a reasonable time of the breach - do not delay. You then have a strict 3 month period from the date you left to file an employment tribunal claim. An Employment Tribunal may interpret your delay as having accepted the changes in your contract - the main point about constructive dismissal is that the situation has become such that it is simply impossible to continue your employment.
Although feeling that you have no alternative than to resign, and subsequently doing so, may constitute constructive dismissal you should take legal advice on your individual situation before handing in your notice unless your conditions are entirely intolerable, in which case seek legal advice immediately thereafter. Employment law is complex and it is always important to get specific legal advice from an experienced employment solicitor on employment law problems and constructive dismissal cases in particular.
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Bonallack & Bishop are a firm of employment solicitors specialised in constructive dismissal. Senior partner Tim Bishop is responsible for all major strategic decisions and has grown the firm by 1000% in 12 years. He has strong plans for continued expansion, seeing himself as a businessman who owns a law firm.
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Tags: wages, advertisement, colleagues, accusation, working conditions, interference, job description, harassment, duty of care, breach of contract, employment contract