A constructive dismissal takes place when an employee terminates their contract of employment following an employer’s fundamental breach of contract. In order to be successful in a constructive dismissal claim an employee must show the existence of the following elements:
- That there was a fundamental breach of employment contract on the part of the employer; and
- It was the employer’s breach that caused the resignation and that he or she did not wait too long before resigning.
Since October 2004 there has been a requirement on the employee to ensure that they have carried out step 1 of the Statutory Grievance Procedures prior to resignation and failure to do so is likely to bar the employee from bringing a claim to an Employment Tribunal.
We provide advice in relation to constructive dismissal to include an employee’s likelihood of success, likely award in the event that the employee is successful and advice in respect of ways to avoid such claims.
If the systems you have in place for your company are not coming up to scratch then why not give us a call on 01908 660 966 or fill out our online contact form. Our dedicated employment team can help.
