Employment Law Solicitors, Manchester, UK. Constructive Dismissal Claims

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Employment Law Solicitors - Constructive Dismissal Claims
 

 

constructive dismissal claims

Employment Law Solicitors:

Constructive Dismissal Claims

 

Bringing A Constructive Dismissal Claim
Constructive dismissal is where an employee resigns from their job as a direct result of a fundamental breach of contract by their employer. When this happens, the employee is entitled to claim Unfair Dismissal


Not every breach of contract will entitle an employee to resign and claim constructive dismissal. To amount to constructive dismissal, the breach (which could stem from a single event or an accumulation of them) must be a serious and repudiatory one. That is, it must be a fundamental breach of contract (e.g. 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.

The procedure for proving that the constructive dismissal was unfair is the same as that outlined in the unfair dismissal section, the only real difference being that whereas the statutory dismissal procedures do not apply in constructive dismissal cases, where an employee is alleging constructive dismissal they must lodge a grievance in writing with their ex-employer and then wait at least 28 days before commencing their claim with the tribunal.

 

The Employment Law Solicitors, the brand, is part of Antrobus Solicitors, a firm regulated by the Solicitors Regulation Authority. Details of the professional rules which regulate solicitors can be found at the following website address: http://www.rules.sra.org.uk

 
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