
Constructive Dismissals

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Constructive unfair dismissal takes place when your employer has committed a fundamental breach of contract. In response, you resign and bring the employment relationship to an end.
In order for your claim to succeed, your employer’s breach of contract must be a ‘fundamental’ breach. This would be, for example, if your employer unilaterally reduces your pay, fails to address your grievance, or imposes an intolerable working environment.
You must act quickly. If you do not resign without delay then an Employment Tribunal is likely to find that you ‘affirmed’ the breach of contract. This means you accepted your employer’s breach and allowed the contract to continue. If you affirm the breach of contract, then you shall be unable to bring a claim for constructive unfair dismissal.
Constructive unfair dismissal cases are complex and difficult to win. The burden of proof is on you, to show your employer committed the fundamental breach of contract and you resigned in response. You normally require continuous employment for 2 years to bring a claim.
If your employer is in breach of contract, then it can be an unsettling and difficult time, especially when you have worked for the same employer for many years.
It is important to take advice early. Our Employment Team is experienced at bringing constructive unfair dismissal claims. We shall take the time to really understand your concerns and consider how to obtain the best possible outcome. You might take the decision you would like to keep your job. Or, you might decide you have had enough and are going to leave. Whichever route you take, we shall provide sound and pragmatic advice on your options and help you achieve the best possible outcome.
Employment Law
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