For you and your Family

Constructive Dismissal

Constructive Dismissal

If you feel you are being treated unfairly at work it can be a stressful time but you should act fast otherwise if you continue working in the normal way, this may prejudice your options.

What is constructive dismissal?

Constructive dismissal occurs when an employee is forced to leave their job because of their employer's conduct. Constructive dismissal claims are complex. There are a number of elements to prove which makes this type of claim risky. That’s why it’s important to seek advice prior to taking any steps to resign.

Should I resign?

It is your personal choice whether you wish to resign but it would be sensible to seek legal advice prior to resigning as this may affect your ability to pursue matters further, if you wish to.

Why is a resignation letter important?

If you wish to terminate your employment you should ideally set this out in writing to your employer confirming your last date of employment following any period of notice. Notice periods are normally set out in your terms and conditions of employment or contract. Often resignation letters include the reasons for leaving and can prove helpful if you wish to consider bringing a constructive dismissal claim.

We can advise you on your options so that you can make an informed decision how to proceed and help guide you through the process. Our lawyers are experienced in advising on a broad range of issues at work and dealing with Employment Tribunal claims.

If you would like a confidential chat to see how we can help, please contact us.

You're fired! - have you been unfairly dismissed?

Emily Yeardley
  • Posted
  • Author

When an employee is dismissed from their employment, it is natural for that person to feel as if they have been treated unfairly. An employer is entitled to dismiss an employee provided they can show that the reason for the dismissal was one of five...

Was covert recording by employee 'misconduct'?

Emily Yeardley
  • Posted
  • Author

The advent of smartphones means that it could not be easier to make an audio recording of an internal meeting without the other party’s knowledge. Employees may feel confused and vulnerable and want the protection of recording exactly what the...