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Oakwood Solicitors Ltd has a dedicated team of leading Employment law solicitors and support staff, helping clients nationwide. We are able to offer expert advice on all potential claims you may have against you, in both Employment Tribunals and the Civil Courts.
What is Constructive Dismissal?
Constructive unfair dismissal (more commonly referred to Constructive Dismissal) occurs when an Employee is forced to resign from their position due to their Employer committing a serious breach of contract (often referred to a repudiatory Breach of Contract).
This needs to not be a minor breach (such as a small underpayment of salary), but something so serious and fundamental that it goes to the heart of the Employer/Employee relationship and something so serious that it has undermined the Employer/Employee relationship to a point where the employee feels they have no option but to resign.
There is no actual dismissal from the Employer’s part in relation to a Constructive Dismissal claim, but the Employee is entitled to treat themselves as being dismissed for the purposes of Employment Law.
What grounds can lead to Constructive Dismissal?
There are a number of potential grounds that may result in a Constructive Dismissal claim being filed against an Employer. These grounds include:
In any Constructive Dismissal case, the breach must be deemed serious enough by an Employment Tribunal to warrant resignation.
The Employee must also raise their claim and resign relatively quickly as a result of the incident that took place however, there is no fixed time period set in legislation or case law by which an Employee is required to resign. That being said, depending on the circumstances, it could be necessary for an Employee to resign almost immediately, i.e. one week from the fundamental Breach of Contract.
If you think one of your Employees might have a constructive dismissal claim, or you are worried due to comments or communications from an Employee, we strongly suggest you get in touch with Oakwood Solicitors Ltd immediately. Our specialist Employment Law team will be happy to provide you with some initial advice and to assist you avoid a larger problem such as an Employment Tribunal claim.
Constructive Dismissal is very much a claim whereby some legal advice at the outset of a potential situation, can save a business colossal time and money in the future.
What does an employee need to successfully establish for a Constructive Dismissal claim?
There are three elements required which are set out as follows:
What’s the difference between Express and Implied Terms?
An express term is expressly detailed in the Employee’s contract of employment. For example, the Employee’s salary. If the Employee’s salary is decreased without permission this is a Breach of Contract (the amount of the deduction, the reason why and the notice given to the Employee would all impact here as to whether the breach as actually a repudiatory one).
An implied term is not written down in the contract but exists through common practice and time. The main implied term in contracts of employment is the implied term of “mutual trust and confidence”. This effectively means that both parties will not do anything that would impact the trust and confidence between the parties. This implied term is interrupted fairly widely and is frequently the basis for a constructive dismissal claim, if the employee does not have an express term that can be used.
Why should I choose Oakwood Solicitors Ltd?
You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have.
Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.
If you believe or feel you have a claim, contact us for a free initial consultation regarding your options:
Mia Cecchini has been working at Oakwood Solicitors Limited as a Commercial Paralegal in the Employment Department since June 2018.
Having previously worked at a Trade Union firm advising on a wide range of Employment matters, Mia has great perspective and insight into resolving disputes between Employer and employee. This allows her to provide well rounded advice to her Commercial Clients.
Mia has a Commercial client base and deals with contentious and non-contentious matters such as advising clients on how to avoid ‘red flag’ issues which often lead to the likes of unfair dismissal and discrimination claims.
Day to day, Mia is often found navigating her way through Company policies, executive level disciplinary matters, advising on Family Friendly issues, GDPR and other Employment matters.
As well as providing advice, Mia is experienced at drafting bespoke, GDPR compliant Staff Handbooks, Contracts of Employment and Privacy Notices.
Mia prides herself on her friendly, and approachable relationship she has with her clients.