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Constructive dismissal is a subdivision of unlawful or unfair dismissal and occurs where an employee’s job conditions are so undesirable or unbearable that the worker is obliged to resign. Employees are entitled to a structured workplace which is free from undue stress or harassing management or abusive co-workers. Constructive dismissal is a forced resignation due to deplorable working conditions. In these cases an employee has the right to make application to the Employment Tribunal for compensation for unfair dismissal.

Constructive Dismissal Situations

The circumstances that could lead to a justified constructive dismissal are numerous including:-

Common Claims

Managers, superiors or employers who significantly revise the employee’s job description are most often found at fault for creating the conditions leading to a constructive dismissal claim. In many cases the employee in put in the position of trying to complete unfamiliar tasks that were not covered by the initial contract of employment. Employers frequently revise the job description in the deliberate hope of making an employee become frustrated with their job causing them to resign.

In those circumstances an employee should file a grievance with his employer or trade union in order to give the employer an opportunity to correct the errant situation failing which the employee should consider getting advice from a constructive dismissal solicitor, who will most likely suggest the employer resign immediately prior to making an immediate application to the Employment Tribunal claiming compensation for unfair dismissal. Continuing to work under undesirable conditions gives the impression of acquiescence and acceptance and could damage a compensation claim.

Collecting Evidence

Successful constructive dismissal cases heard before the Employment Tribunal are based on strong, compelling evidence provided by the claimant. The practice of keeping notes or a log or diary about the incidents of abuse or unlawful behaviour, describing the details, location, dates and times of occurrences better your chances of success. A record should be kept of the names of anyone who witnessed the incidents which are the subject of any complaint. The most conclusive evidence is physical evidence including printouts of memos or emails from superiors or co-workers that pertain to your claim.

No Win No Fee Solicitors

Our constructive dismissal solicitors deal with employment compensation claims using the no win no fee scheme known as a conditional fee arrangement. A previously agreed percentage of any damages settlement is the basis for legal fees due under a no win no fee agreement. If the solicitor doesn’t win compensation for you then you aren’t obligated to pay anything.