If your employer makes your job untenable and you feel forced to resign, then you may be entitled to make a claim for constructive dismissal. Read on to find out what sort of behaviour could prompt such a claim and what you should do if you think you have been affected.
One of the first things to consider is that you will need to prove that your employer has failed in their duty of care or seriously breached your contract, prompting you to resign. There are specialist companies available to help with this and a wealth of advice online such as https://www.employmentlawfriend.co.uk/constructive-dismissal
Should you make a claim?
You may be in a position where you feel that you have no choice but to resign and make a constructive dismissal claim but this is a decision that shouldn’t be taken lightly. Resigning is a huge step and constructive dismissal can be hard to prove, although getting the right advice and support can help enormously. Citizens Advice can be a good place to start if you don’t know whether you should make a claim or not and you can find your nearest branch on the organisation’s website. There are also many private firms that will offer you an initial consultation to help you assess whether you have a constructive dismissal claim.
Steps when making a claim
If you are considering making a claim, it pays to work through the process step by step. The main steps would be:
1. Consider the reasons for your claim
Think about whether you have a reasonable claim. This could be due to one of the following reasons:
Your employer allowed you to be harassed or bullied at work.
You weren’t paid for your work.
You were demoted without good reason.
Your employer changed your work unreasonably.
You were forced to work in an unsafe environment.
You had contractual benefits removed, such as a company car.
You did not have the support required to allow you to do your work.
2. Work out if you eligible to make a claim
There are some criteria you will need to satisfy in order to make a claim for constructive dismissal. For example, you will have had to have been an employee and worked for the employer for a minimum of 2 years.
You can only usually claim constructive dismissal if you’re classed as an employee and have worked for your employer for at least 2 years.
3. Seek professional advice
It is vital that you get good, professional advice if you believe you have a claim for constructive dismissal and that you do this as soon as possible as you only have a set period in which to make a claim.
You must make a claim within three months, less one day, from the time your job ended.
Constructive not unfair dismissal
When considering whether you have a claim, it is important to differentiate between claims for constructive dismissal and those for unfair dismissal. Constructive dismissal is where you have felt compelled to resign, whereas unfair dismissal is where your employment has been terminated by your employer.
Stages of constructive dismissal
It is also important that you are aware of the stages which must occur in order to make a claim for constructive dismissal.
These are:
There is a breach of the employee’s contract and the employee resigns.
There is often no notice period worked as the breach is believed to be so serious that this would be impossible.
The resignation is not delayed as the employee simply cannot continue to work for the employer.