Constructive dismissal solicitors

If you feel you have been left with no other option than to resign from your job as a result of your employer’s conduct, you may have grounds to make a claim for constructive dismissal.

This page briefly outlines what legal options may be available to you if you think you have been constructively dismissed and how Monaco Solicitors can help you with them.

It also gives you practical examples of constructive dismissal, what’s involved in making a constructive dismissal compensation claim and the value of expert constructive dismissal advice both before and during the process. It concludes with several frequently asked questions about aspects of constructive dismissal which you may find helpful.

Also see our more detailed guide for employees on constructive dismissal and what you need to do to secure the best possible financial settlement.

 

Expert legal advice on constructive dismissal

If you believe that you have been forced to leave your job due to your employer’s conduct, it’s really important to seek out legal advice to confirm whether this amounts to constructive dismissal.

Constructive dismissal can be a complex issue, especially when compared to cases of unfair dismissal (where your employer has issued your dismissal). As a result, it can be difficult to secure constructive dismissal compensation without a really strong case being put forward.

A specialist constructive dismissal solicitor can provide expert guidance, offer clear advice on your case and ensure that you fully understand your current position. At Monaco Solicitors, we have a team of specialist constructive dismissal solicitors who provide comprehensive legal support to employees (we don’t work for employers).

We recognise the toll that constructive dismissal cases can cause and will therefore be available to offer clear advice that helps you to make an informed decision about how you would like to proceed.

Depending on your circumstances, we will always seek to offer No Win No Fee constructive dismissal claims terms. This means you don’t have to pay any fees up front for us to represent you and you only pay any fees if we win your case for you.

Signs that you may have been constructively dismissed

There are several potential examples of behaviour by an employer which could provide you with sufficient grounds to consider making a claim for constructive dismissal compensation. These include:

Serious breaches of contract

• Non-payment or reduced pay: Regularly not being paid the agreed amount without a valid reason, drastic pay cuts, or not receiving a contractually due bonus.
• Demotion without justification: Being demoted unfairly or without proper warning.
• Unreasonable changes to working conditions: Forced changes to working hours, location, or job role without your agreement.

Unreasonable behaviour

• Bullying and harassment: Persistent bullying and/or harassment by colleagues or your employer, or their failure to act on reported harassment.
• Discrimination: Facing discrimination based on protected characteristics such as race, gender, or disability.
• Unsafe working conditions: Failure to ensure a safe work environment.
• Undermining authority: Being belittled, humiliated, or disparaged in front of colleagues.

Employer inaction

• Ignoring grievances: Refusing to investigate any formal complaints you raise.
• False accusations: Making baseless allegations against you, such as poor performance, when they have no firm evidence.

Making a constructive dismissal compensation claim

As an employee, the onus will be on you to bring forward a claim for constructive dismissal compensation.

If you are still employed, the first step will usually be to create a without prejudice letter, which sets out the breaches of contract you believe your employer is guilty of and how evidence of this means that you will have no other choice but to resign from your role.

This letter will essentially explain to your employer that you have a case of constructive dismissal, should you choose to act upon it.

A constructive dismissal claim will not technically commence until after you have resigned. If you have a valid claim, this is where you will have the legal right to sue for constructive dismissal.

You have the right to make a constructive dismissal claim to an employment tribunal if you:

• Are legally classed as an employee.
• Have worked for your employer for 2 years or more.

It’s important to note that, if you sign a settlement agreement with your employer as a way of resolving the issue, you will not be able to make a constructive dismissal claim to an employment tribunal.

Negotiating a settlement for constructive dismissal

Prior to starting the formal process of making a constructive dismissal claim with the employment tribunal, you and your employer have the opportunity to finalise the matter through a settlement agreement.

This can be an effective and efficient way of resolving workplace disputes, but it is absolutely imperative that you understand your rights and make sure that any agreement you sign is truly in your best interests.

You do not need to agree to the first settlement offer made by your employer and, in many cases, negotiating a settlement for constructive dismissal cases can ensure that you receive better financial compensation and improved terms.

This is something our specialists can assist you with, utilising their expertise with negotiations and constructive dismissal law to leverage the best possible result for your circumstances.

 

Employment tribunal representation for constructive dismissal

If you have to make a claim for constructive dismissal to an employment tribunal, you should be aware that the process will almost always begin with Acas ‘early conciliation’. This is where a trained Acas conciliator will attempt to find a way for you and your employer to reach a settlement.

If, after completing early conciliation, you are still unable to reach an agreement, you will have to draft and submit a tribunal claim for constructive dismissal.

Various steps will take place before a tribunal hearing is held – see our guide detailing these steps. Our specialist constructive dismissal solicitors can help you with the initial stages of preparing for a tribunal hearing and for that we would charge you on an hourly basis.

However, you would have to employ a barrister separately to help you make final preparations for the hearing and to represent you on the day of the hearing. (Unless of course you are in a position to represent yourself.)

 

FAQS for employees about constructive dismissal

What is constructive dismissal?

It’s important to note the difference between constructive dismissal and unfair dismissal as there is often some confusion between the two. In fact they are completely separate matters:

• Constructive dismissal occurs when you resign due to your employer’s unlawful and often hostile actions, making your continued employment intolerable.
• Unfair dismissal occurs when your employer has ended the employment relationship and dismissed you unfairly.

See also our blog What is constructive dismissal? for more

How is constructive dismissal proved?

To make a successful constructive dismissal claim, you must gather as much evidence as possible showing that your employer’s actions directly caused your resignation.

The types of evidence that will be required will vary depending on the circumstances of the case, but it will usually include:

• Supporting documentation of any breach of contract (eg emails, letters, text messages)
• Proof of your attempts to raise or resolve the issue or main issue leading to your resignation
• Witness statements

Is constructive dismissal hard to prove?

Constructive dismissal can be difficult to prove as the burden of proof is placed on you, as the employee. This is in contrast to unfair dismissal claims, where the burden of proof is placed on your employer.

This means that if you make a constructive dismissal claim you will need to provide substantial evidence that not only demonstrates that your employer committed a fundamental breach of contract (either through a single or multiple acts) and that there is a direct link between the breach and your resignation.

If your case is taken to an employment tribunal, consideration will also be given to the timings surrounding your resignation and whether there is any evidence to suggest that you accepted an employer’s behaviour. (See our constructive dismissal guide for more.)

How long do you have to claim constructive dismissal?

There are strict time limits to claiming for constructive dismissal. In most cases, you will have three months minus one day from either:

• The last day of your notice period.
• The day you resigned, if you did not give notice.

Can I claim constructive dismissal if I worked for my employer for under two years?

You can only claim constructive dismissal if you have worked for your employer for less than two years under very limited circumstances. These include if your claim for unfair dismissal is because of:

A reason that is ‘automatically unfair’, including:

• Whistleblowing
• Raising health and safety concerns
• Exercising statutory rights

Discrimination

• Unfair treatment based on discrimination because of a protected characteristic

How long does a constructive dismissal claim take?

The time it takes to resolve a constructive dismissal claim depends on the approach taken. As you might expect, matters can be resolved much faster if both parties are willing to consider a settlement agreement early on in the claim process.

If a case proceeds to the employment tribunal, you should be mindful that you are likely to have a lengthy waiting period. Sadly, there is little you can do to reduce the waiting time for a case to be heard by a tribunal and in some cases you could be waiting for more than a year.

 

What next?

Monaco Solicitors are the UK’s leading employment law solicitors who only serve employees and who specialise in employment law. We provide a range of first class constructive dismissal services, so if you would like expert constructive dismissal advice and support, contact us today:

• Via this link
• By phone: 020 7717 5259
• By email: communications@monacosolicitors.co.uk