Barnard & Webb Solicitors – Employment Law and HR Experts in Hemel Hempstead

Constructive Dismissal

Advice on constructive dismissal claims

Constructive dismissal occurs where an employee resigns as a result of their employer’s fundamental breach of contract. Examples of fundamental breaches of contract include:- bullying / harassment, a unilateral variation of terms and conditions, a lack of support, failure to pay sums contractually owed, unwarranted disciplinary action…etc. These breaches can either be one-off or part of a series of events. Generally speaking, an employee has to have 2 years continuous service before they are eligible to pursue a claim for constructive dismissal (although there are some very limited exceptions to this).

If you believe that you have a claim for constructive dismissal, we would urge you to seek advice at an early stage, and ideally before you resign. To maximise your chances of winning a constructive dismissal claim, there are a number of things that you should do whilst you are still employed ie. raising a formal grievance. We can advise you in detail as to the merits of any claim, the likely level of compensation, and how best to pursue matters.