Constructive dismissal occurs when an employee is forced to resign because of the unacceptable behaviour of others in the workplace. Our solicitors are experienced in all areas of employment law, including the complex issues surrounding constructive dismissal. A solicitor who is instructed to act on your behalf will either begin negotiations concerning possible compensation or, when necessary, apply for dispute resolution to the Employment Tribunal. Your claim will be dealt with using the no win no fee scheme which means that you only pay for legal services when you win your case. Call our helpline now to arrange a free consultation with a constructive dismissal solicitor.
Constructive dismissal compensation
If the unacceptable behaviour of others in the workplace has forced you to resign, you may be eligible for compensation from your employer for constructive dismissal damages. The success of your solicitors application before the Employment Tribunal is almost completely dependent on your employer’s and/or co-workers’ behaviour during, before and after the incidents in question that caused you to resign. A constructive dismissal solicitor will be able to advise you on the likely outcome of a compensation claim to the Employment Tribunal.
One serious incident is enough
If you are expected to be successful and efficient in the workplace, an atmosphere free of abuse or harassment is necessary. Sometimes only one serious incident is required as a basis for a claim of constructive dismissal, but usually cases before the Employment Tribunal that are successful reflect a series of events that leave the employee feeling oppressed and victimised. Such acts are often deliberately perpetrated by the offending party to force the employee to resign.
Also, there are more subtle efforts that may end in the same result but which are designed simply to humiliate or offend the victim, or sometimes to amuse the offender and his or her fellow employees. These instances typically involve an offender who tries to claim he or she was “just joking,” though the comments and/or actions in question are clearly offensive and intolerable.
Direct and indirect behaviour
There are two types of unacceptable behaviour that can be considered grounds for a constructive dismissal claim: direct and indirect. Direct behaviour involves insulting comments or bullying actions aimed specifically at an individual and may include any form of discrimination, such as sexual or racial discrimination. Indirect behaviour refers to similarly discriminatory, abusive and/or offensive behaviour, but it is directed at a group of people to which the victim belongs or to which the victim’s friends or family belong.
Unacceptable changes to the job
Sometimes, in order to avoid paying compensation for unfair dismissal or redundancy, an employer may make a change in your job description or your working conditions in order to facilitate a resignation. These changes are occasionally genuine, but more often than not, they are nothing more than an attempt at putting you under such stress that you are forced to resign. In these cases you should always obtain a solicitors advice as soon as possible, as waiting can sometimes be considered implied consent to the changes.
Constructive dismissal Solicitor
If you believe that you may have a potential claim and could be eligible for compensation, call our helpline today to speak to a specialist constructive dismissal solicitor. Using the no win no fee fee scheme means that bringing your claim is entirely risk-free. If you don’t win your case, you pay absolutely nothing. If you do receive compensation, your solicitor will receive a previously agreed percentage of the settlement. There are no secret fees and no surprises. All consultations are totally confidential, and you are subsequently under no obligation to proceed with your claim.