Constructive Dismissal is where there is a serious breach of the employment contract. If you require assistance with a constructive dismissal case, either as an employer or employee, we are here to help clients all across North Wales and based in Caernarfon.
If it is the employer that causes the breach it entitles the employee to resign in response to that breach and that employee considers themselves as having been “dismissed”. This is called a “repudiatory breach”.
A claim to the Employment Tribunal for Constructive Unfair Dismissal can be brought by the Employee. To bring a claim:
- The employee must do so within 3 months of the actual breach.
- They must resign.
- The resignation must be very soon after breach otherwise it may be found that the breach had been accepted.
- The employee must have had at least 2 years of continuing employment with the employer.
This is a complex area of law and claims are considered difficult to win and an employee would be very wise to seek legal advice before resigning.Free Consultation
Constructive Dismissal Solicitors
It is not enough to show unreasonableness, there must be a fundamental breach going to the heart of the contract. As constructive dismissal solicitors, we can assist you with a dismissal claim, and offer expert advice.
The breach can be of an express term in the employment contract like regularly not being paid the correct amount of salary or always being late.
It could be a breach of the implied term of mutual trust and confidence. This may not by a written clause in the contract but is one implied into all employment contracts.
There could be a series of contractual breaches as in continuing pattern of behaviour or incidents which, taken as a whole, amount to a breach. A good example could be ongoing bullying and harassment that leads to a ‘last straw’ event.
Non-exhaustive examples that could lead to Constructive Dismissal:
- Salary reduction, or threat of reduction without agreement.
- Unfounded allegations of poor performance.
- Unreasonable place of work or job description change.
- Harassment or bullying
- Demotion without good reason.
- Workplace stress grievances that have not been addressed.
- Being forced to work in breach of health and safety laws.
For advice on constructive dismissals, please contact us using the form below.Free Consultation