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constructive dismissal

Constructive Dismissal

Constructive dismissal is where an employee is forced to resign because of their Employer's behaviour. The employee must prove that the behaviour was unlawful — that their employer's actions amounted to a fundamental breach of their Contract of Employment, also known as a “repudiatory breach of contract".

There are many reasons why a Claim for Constructive Dismissal may be brought against an Employer and typical breaches of contract could include:
  • A serious breach of contract (e.g. failure to pay wages or sudden demotion without reason)
  • Breach of working time regulations without your agreement
  • Discrimination, Bullying or Harassment of an Employee on the grounds of disability; race; sex; age; sexual orientation; religion or belief
  • Forcing a radical or unreasonable change in your conditions of employment without your agreement
  • Forcing a change in location of the Employees place of work at short notice
  • Unreasonable and excessive disciplining of an Employee

Making a Constructive Dismissal Claim

You should be aware that in most cases there are time limits for making a claim for Constructive Dismissal. In most cases, you should make your application within three months less 1 day of either the date that:
  • You resigned
  • Your employment ended
  • The matter your grievance is about happened

Our panel firm of Employment Law solicitors provide expert tailored advice so that any issues and disputes are resolved as swiftly and as stress free as possible. Whether you are an employer or an employee, our highly experienced solicitors can help you!

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