What is Constructive Dismissal?
Constructive Dismissal is not a direct dismissal by your employer; instead, you resign and claim that your employer’s actions have fundamentally breached your contract of employment. These actions might include bullying or other unfair treatment etc.
In most cases, you will need to have at least 2 years’ continuous employment by the date of your termination of employment in order to be eligible to bring a Constructive Unfair Dismissal claim in the Employment Tribunal.
Succeeding in a claim for Constructive Unfair Dismissal in the Employment Tribunal is not always straightforward. We would always recommend that if you are considering making such a claim that you take advice before resigning.
In the first instance, you may decide to raise a grievance with your employer about the problems which you are experiencing. This might resolve the issue and would avoid the need to resign. However, in our experience, we find that most employees are unhappy with the outcome of grievances and still want to leave their employment.
As an alternative to making a claim in the Employment Tribunal for Constructive Unfair Dismissal, you may decide to seek a severance package from your employer tied to a Settlement Agreement.
We usually find that entering into a Settlement Agreement is a better option than making an Employment Tribunal Claim as it avoids the uncertainty of Tribunal proceedings, as well as being quicker and cheaper.
Under a Settlement Agreement, you would settle your employment claims in return for compensation and other favourable terms. The Agreement could include a promise that your employer will provide an agreed reference, that neither party would make derogatory comments about the other and that both parties would keep confidential the Agreement and the circumstances leading up to it.
You would be required to take independent legal advice on the Agreement.
We can advise you upon your legal position and broach the possibility of a Settlement Agreement with your employer.
If you would like to discuss your employment situation, please contact our Employment Solicitor, Julia Woodhouse on 01564 776287 or email her at firstname.lastname@example.org.
The above is not intended to provide advice.