Were you treated unfairly in the workplace that led you to resign?
Constructive and unfair dismissal occurs when an employer has treated a member of their team so badly that they have no choice but to resign. This can happen for a number of reasons including not being paid, discrimination, victimisation or harassment in the workplace.
Unfortunately, many employees find themselves in a position at work, where they feel bullied, unsafe or harassed, sometimes by their line manager and sometimes by their colleagues. When this occurs, and an employer doesn’t act, the employee who’s fallen victim to such treatment might be entitled to resign and then bring a claim for constructive and unfair dismissal.
BTMK have a team of constructive and unfair dismissal solicitors in Essex, and we have offices across the region and London. If you’ve been bullied, harassed or felt unsafe at work and need legal advice, please contact us by calling 03300 585 222 or by sending an email to firstname.lastname@example.org.
Our employment team advises employees who have been dismissed without being given their formal notice or where the employer’s decision wasn’t justified legally.
Our highly experienced constructive and unfair dismissal solicitors will:
Constructive and unfair dismissal cases do have their difficulties because you have to prove that your employer’s actions amount to a fundamental breach of your contract of employment which forced you to resign from your role. Having witnesses and documented evidence will vastly help your claim.
In a normal scenario, employees are required to work their notice period when resigning from their job. In a constructive dismissal scenario, however, it’s normally justifiable for an employee to resign without working their notice period.
We fully understand that taking legal action against your employer can make you feel nervous and stressed. You should always seek legal advice before filing an employment tribunal claim regardless of what you’re claiming for due to the complexities within this area of law.
Once your employment contract has been terminated, you have 3 months in order to submit a claim. This will normally commence from the last day you work, but sometimes this isn’t the case.
In some circumstances, a tribunal may extend the time-limit for raising a claim so it’s always best to seek specialist legal advice as soon as you can.
Generally speaking, the amount of compensation you could receive is based on the wages and benefits you’ve lost as a result of your dismissal. Every case is different and is judged on its individual factors, but we’ll do everything in our power to secure the maximum amount on your behalf.
Only employees can claim unfair dismissal, and as a general rule, an employee must have been with their employer continuously for at least 2 years to bring a claim. However, if an employee has been dismissed for an Automatically Unfair or discriminatory reason, they don’t need to have worked with their employer for 2 years to make a claim.
The majority of cases are settled by negotiation before they reach the stage where an employment tribunal is needed. We’ll run your case, but this might mean resolving it in an employment tribunal. If this does happen, we’ll support and guide you throughout the process to ensure you’re as comfortable as possible before you have to give evidence.
Express dismissal is when an employer terminates an employee’s employment (either in writing or orally) by using words that leave no doubt. “We’re letting you go” or “you’re sacked” are clear examples of this. However, they don’t specify whether the dismissal is with or with notice.