Constructive dismissal is where an employee resigns as a direct result of a fundamental breach of contract by their employer. When this happens, the employee is entitled to claim Constructive Dismissal
Fundamental Breach of Constract And Constructive Dismissal
Not every breach of contract will entitle an employee to resign and claim constructive dismissal. To amount to constructive dismissal, the breach must be a serious and repudiatory one. This could stem from a single event, or an accumulation of them. That is, it must be a fundamental breach of contract. For example, a breach of the implied term of mutual trust and confidence. In order to be able to rely upon the breach, the employees resignation would need to follow fairly soon after it occurred. Otherwise they may be construed to have waived it.
Constructive Dismissal Cases: Procedure
The procedure for proving that the constructive dismissal was unfair is the same as that outlined in the unfair dismissal section.
Constructive Dismissal Solicitors: Obtaining Advice
We are specialist constructive dismissal solicitors. Hence, should you require advice on constructive dismissal, then please do not hesitate to contact us. We can be contacted by telephoning us on 0333 3010 700. Alternatively, please complete the questionnaire on the right hand side of this page.
As specialists in employment law, you can rely upon us to provide you with quality advice. This would be from a leading employment law solicitor within the profession.
Please note that we offer a free initial consultation.
Should you have been offered a Settlement Agreement (which used to be known as Compromise Agreements) which you require independent advice on, then please call one of our employment law solicitors immediately on 0333 3010 700, or complete the questionnaire on the right hand side of this page. We will then arrange an appointment with you to go through the Settlement Agreement.
We have offices in Manchester, Cheshire, Liverpool, and throughout the country. Hence, should you require an in person appointment, then we should be able to arrange one for you at a local office. This would be with a specialist settlement agreement solicitor. However, should you not have time to get into a local office, then you can email a copy of the settlement agreement to us. We can then go through the settlement agreement with you over the telephone. This can done extremely quickly, often in less than a day.
How To Contact Us
To contact The Employment Law Solicitors about an employment law problem, please either telephone us on 0333 3010 700 or complete the short questionnaire above. Simply click the 'Send Now' button to submit the questionnaire once you have completed it. Upon receipt, it will be assessed by a solicitor who will then contact you to discuss the matter. The solicitor appointed to contact you, will be a specialist in your type of employment law issue. The Employment Law Solicitors handle cases on behalf of clients throughout the country. Headquartered in Wilmslow (Cheshire), we also have offices in Manchester, Liverpool, Warrington (Cheshire), Chester (Cheshire), Birmingham, Leeds, Sheffield, Exeter, London, Nottingham, Bristol, Stoke-on-Trent, and Preston.
This initial consultation is completely free of charge.