Constructive Dismissal Solicitors - Compensation Claim

 

Constructive Dismissal involves the resignation of the employee in circumstances arising out of the conduct of the employer. The employer's conduct must be sufficiently serious to be treated as a breach of the employment contract by the employee. Constructive dismissal can be just one incident such as a unilateral reduction in salary or benefit or it can involve a series of smaller breaches. In order for a constructive dismissal solicitor to make a valid claim, the employee must resign in response to such breach or breaches and he or she must do so fairly quickly otherwise he/she will be deemed to have accepted the variations in his/her contract.

Termination of the Contract of Employment

The consequences of an employee establishing a constructive dismissal claim, can have a substantial impact on the employer and his business which is not limited to the payment of financial compensation. In law the employer is treated as having brought the contract to an end which means that any post termination restrictions are automatically cancelled. The employee may then be free of any previously agreed restrictive covenants and may compete against the former employer or join a competitor and solicit the former employer’s business clients.

Time Limits

A constructive dismissal solicitor must make a claim to the Employment Tribunal within 3 months and this time limit is in the main adhered strictly although it can be extended in certain circumstances. These time limits are however automatically extended providing the employee complies with the statutory grievance procedure requirements.

Burden of Proof

In these cases the burden of proof is on the employee i.e. a constructive dismissal solicitor has to show that all the above criteria are satisfied unlike in unfair dismissal claims where the burden is squarely on the employer to show that the dismissal was fair.

Grievance Procedure

Under the Employment Act 2002 (Dispute Resolution) Regulations 2004, brought into force from the first of October 2004 except in certain specified circumstances, no employee will be allowed to bring a claim in an Employment Tribunal unless he or she has first put in a formal grievance to the employer. In response, the employer will be required to arrange a meeting to discuss the issue and to provide an opportunity for the employee to appeal if the meeting fails to resolve the matter. If the employee does not meet the requirements set out in the procedure, then any constructive dismissal awards made to him or her will be reduced by at least 10% and maybe reduced by up to 50%. In exceptional circumstances, a constructive dismissal solicitor may persuade the judge to adjust compensation by less than 10%.

Constructive Dismissal Solicitors

If you would like an initial free consultation for advice to find out whether you have a good case, how to go about claiming and how much your compensation might be worth you can call the helpline or complete the contact form or email our offices. If after talking to a specialist lawyer you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.