Make a Constructive Dismissal Claim
The definition of a constructive dismissal is very broad and can include a variety of situations. It usually involves a significant change in an employer’s treatment of an employee that amounts to an implied breach of their employment contract. This can be anything from changing compensation to changing job responsibilities or reporting functions within the company hierarchy or even moving an employee to another location of work, if this is done in bad faith and destroys their relationship of trust and confidence with their employer.
In a constructive dismissal lawyer near me, the employee must demonstrate that the change they are complaining about was in fact fundamental and substantial. They will also need to show that they made a reasonable choice to resign in response to this fundamental change. This is a very difficult test for an employer to meet, and so this type of claim is often unsuccessful.
In order to have a good chance of success in a constructive dismissal case, the employee must demonstrate that they have been forced to resign in response to an implied breach of their employment contract. Generally, the change must be so serious that it is impossible for them to continue their employment and the circumstances surrounding this are beyond their control. This type of situation can occur in a number of ways, including:
Generally speaking, the most successful claims are those that involve an employer who has unilaterally changed a fundamental term or condition of the employment contract. These can be explicit terms that are in the employment contract or implicit terms, which are established through common law, custom and practice. Examples of such changes could be canceling a bonus scheme, reducing an employee’s salary, imposing disciplinary action or even moving an employee to a different location of work.
When Can I Make a Constructive Dismissal Claim?
Employers will argue that they have acted reasonably when making any such changes and that the situation is outside of the employee’s control. This is why it is important that you keep a record of what happens in the workplace. Keep copies of all communication (this includes emails and texts), keep a diary of what happens and try to get witness statements from others who can provide important first-hand evidence.
It is often helpful to speak to an experienced employment solicitor as soon as possible, as they will be able to advise you on what evidence you will need to support your claim. They can help you put together a strategy for obtaining this evidence and ensure that it is all in place before your employer’s defence is raised at the Tribunal.
Constructive dismissal cases are a complicated area of law and the burden of proof lies with the employee. However, with the right advice and support from a qualified employment solicitor, your claim may have a much higher chance of success. Get in touch with First4Lawyes for a no obligation discussion about your situation and whether or not you have grounds for a constructive dismissal claim.