a guide to constructive dismissal in the uk

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Page 1: A Guide to Constructive Dismissal in the UK

EMPLOYMENT LAW

CONSTRUCTIVE DISMISSAL

A guide to the laws on constructive dismissal, including how to make a constructive dismissal claim and the time limits involved.

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Page 2: A Guide to Constructive Dismissal in the UK

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Read our full guide on constructive dismissal at: https://www.localsolicitors.com/employment-guides/guide-to-constructive-dismissal

Regardless of the details of your case, the claim for constructive dismissal must be initi-ated with the employment tribunal within three months of your last day of employment.

TIME LIMITS FOR MAKING A CONSTRUCTIVE DISMISSAL CLAIM

If you are unable to rectify the employment issues and you are forced to leave your job because of the breach of contract, you may be able to claim that you were ‘constructively dismissed'. With the help of an employment law solicitor, you will be able to bring your case to an employment tribunal, where the circumstances surrounding your termination circumstances surrounding your termination of employment will be heard. If the tribunal rules in your favour, your previous employer will be made to pay relevant compensation, and you should be offered your job back if it is comfortable and possible for you to return.

HOW TO MAKE A CLAIM FOR CONSTRUCTIVE DISMISSAL

The employer doesn't pay you for the work that you have done The employer attempts to force you to accept changes to your working role or environment

The employer allows other workers to The employer allows other workers to harass or bully you.

Situations which could potentially result in constructive dismissal include:

In the majority of cases, an employer will dis-miss an employee for valid and acceptable reasons. However, in instances when an em-ployer has committed a serious breach of the employment contract, the employee may feel obliged to resign. In this situation, the employ-ee may be able to make a claim for ‘constructive dismissal' against the employer. In effect, the employee can consider themselves as having been dismissed as they were unable to continue working for the employer following the breach of contract.

WHAT IS CONSTRUCTIVE DISMISSAL?