Being forced to resign from your job
What is Constructive Dismissal?
Constructive dismissal occurs when an employee is forced to resign because of the unacceptable behaviour of others in the workplace. Sometimes, employers make it so unpleasant and difficult for a member of staff so that they choose to leave, so that they do not have to comply with the correct processes for terminating the role.
This may be due to harassment or bullying in the workplace, giving you tasks to do that are not within your job description or demoting you without any explanation.
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.
If you think you may have a claim for Constructive Dismissal get in touch with our team
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.
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