Constructive Dismissal

Employment solicitor – Constructive dismissal

Constructive dismissal is the term given to a situation where an employee feels they have no option but to resign by virtue of their employer’s conduct. As an employment solicitor we are able to provide a specialist service to ensure you receive the best possible advice and representation.

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An employee must be able to demonstrate their employer has committed a serious breach of contract, ‘repudiatory breach’, of an express or implied term and not purely behaved unreasonably.

Examples of repudiatory breaches include a unilateral change in pay/other contractual terms, bullying and harassment in the workplace and discrimination. The breach may consist of a one-off act or a series of events culminating in a ‘last straw’.

We advise you to contact us as early as possible, as delays in contacting an employment solicitor can affect your claim.

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Constructive Dismissal Payout

Generally, to claim a constructive dismissal payout, you need to have been employed by your employer for at least two years. There are certain exceptions to this rule, however, where a claim is possible for those who have worked for their employer for less than the required amount of time.

It is advisable to contact us before you resign, as an employment solicitor we have helped many clients achieve a favourable outcome. Constructive dismissal is a complex area of law that is far from straightforward. It is very difficult to prove, so make sure you gather as much evidence as possible before making a claim.

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