If you have a question you wish to ask about constructive unfair dismissal, please contact Stephensons Solicitors LLP directly on 0845 144 1441 or complete our online enquiry form.
What is constructive unfair dismissal?
Constructive unfair dismissal cases arise where the employer has breached a “fundamental” term of the employee’s contract of employment and the employee has resigned in response to the breach.
Who can claim constructive unfair dismissal?
You can bring a claim for constructive unfair dismissal in the Employment Tribunal if you satisfy the following requirements:
- You have been continuously employed for a period of 12 months’ prior tothe date of your resignation
- You have resigned soon after and in response to a “fundamental” breach of your contract of employment by your employer
What would be a “fundamental” breach of my contract?
Your employer must have acted in such a manner that they have effectively destroyed the basis of the employment relationship therefore entitling you to resign from your contract with immediate effect. It is not sufficient that your employer has acted “unreasonably.”
A contract of employment can include both express (terms set out in a written or verbal agreement) and implied (terms implied by law even if not set out in a written or verbal agreement) contractual terms. Many constructive unfair dismissal claims are brought on the basis that the employer has breached one of the important implied terms of the contract which are usually:
- Duty of mutual trust and confidence
- Duty not to treat an employee in an arbitrary, capricious or inequitable manner
- Duty to take reasonable care of the employee’s health and safety
You must act quickly if you believe that your employer has fundamentally breached your contract of employment. If you do not leave quickly after the incident(s) you intend to rely upon then it is likely that your employer will argue that you have accepted the treatment and breach of contract by not acting immediately. In these circumstances a constructive unfair dismissal will not have occurred.
Constructive unfair dismissal claims are often difficult to prove and it is common for the employer to argue that the employee resigned of their own accord and that no dismissal took place. Therefore you must always think carefully before resigning from your employment as it is a difficult decision that only you, and no-one else, can make.
If you consider that you may have a claim for constructive dismissal and wish to discuss this further, please complete the enquiry form.
