Constructive Dismissal

Introducing Constructive Dismissal.

If you feel that you have been forced to quit your job because of your employer's actions or the actions of colleagues, you may be the victim of a constructive dismissal.You may have been subject to one of the following situations;

• Your contract was seriously breached by your employer
  • Your salary was not paid
  • You were demoted without any reasoning or prior notification from your employer
• Your contract's terms and conditions were amended in an a unreasonable and unfair way
  • Your working hours were completely changed without prior agreement, for example, you were changed from day shifts to night shifts.
  • Your company suddenly relocated to a new location which was a long distance away from its previous site, and expected you to move house immediately to keep your job.
• Workplace Discrimination by management or colleagues
  • Discrimination & Prejudice because of your;
    • Age
    • Sex
    • Race
    • Sexuality
    • Religion
    • Disability
  • Bullying
  • Violence
  • Harassment
    • Physical
    • Verbal
    • Online / Text / Email
    • Sexual

Unfair and Wrongful Dismissal

If you are fired (or forced to leave) for no reason, or no official disciplinary procedures are followed, you may have been subject to an 'Unfair Dismissal' which is a type of Constructive Dismissal.

If you are subject to unfair dismissal, and you have been working with the company for more than 12 months, you may be able to claim for the amount of money lost as a result of your dismissal. Any such claims should be checked with and supported by a legal professional, and can then be heard at an employment tribunal.

Similarly, if you are dismissed (of forced to leave), but in a way or for a reason that breaches your contract of employment, you could have a case for 'Wrongful Dismissal'.

Claims for wrongful dismissal can be filed at the local county court or civil court, alternatively, claims on certain grounds can be heard at employment tribunal, especially if it arises at the time of dismissal.

Avoiding any Dismissal and Avoiding the need to Leave

You should take a number of steps before you even consider leaving, this should usually include you making use of the company's grievance procedure.

You should ask your manager for a copy of the company's grievance policy and read through it carefully to decide on your next step of action. If there is no grievance policy in place, you should consider taking the following steps as a standard course of action;

1. Talk to your manager about the situation and try to informally resolve any issues. If the problem is with your manager, you should talk to their manager or the HR department.
2. If the problem still exists, you should write a letter formally stating your grievance and also stating that you would like the matter to be investigated and resolved, this letter should be sent to either your manager, the HR department or to a member of senior management within the business.
3. As a result of receiving the letter, a manager should arrange a meeting which aims to resolve the issue.
4. If the meeting is unsuccessful, you should then ask to appeal the outcome during a second meeting. This meeting should be with a more senior person in the company, or if this isn't possible, you should seek advice from ACAS, and ask that they mediate.

For more information about grievances, click here.

Click here to go to the ACAS website - www.acas.org.uk

The Last Resort

If you feel that all grievance attempts have failed, you should seek legal advice and decide if you have a case to take to court or to an employment tribunal.

Be aware that if the grievance procedure does not work, you should then leave straight away to prevent your employer claiming that you have agreed to the outcome of any meetings.

Remember that you should wait until any breach of contract actually occurs before you leave you job, to prevent any claim that there was no dismissal.

After You Resign

You should talk to Job Centre Plus and discuss any benefits that you may be entitled to whilst out of work, but be aware that they can withhold Job Seekers Allowance for a period of up to 26 weeks from you leaving your job.

If your case is being presented an employment tribunal, you should take any application forms with you to Job Centre Plus as this may support your application for benefits.

You can purchase employment documents and Employment Policies online