Constructive dismissal is a subdivision of unfair dismissal. Claims for compensation on the grounds of constructive dismissal are some of the most complicated of any employment law areas. Constructive dismissal is a situation which involves an environment in the workplace that is so oppressive or unpleasant that an employee is basically compelled to resign. Workers are entitled to a work climate that is clear of abuse and undue stress. In the event of an employees forced resignation because of unbearable working conditions, it is not treated as a voluntary resignation, but a constructive dismissal. In that case, the employee may have a claim for compensation against the employer. If the employer refuses to negotiate a fair settlement, our solicitors will help make application to an Birmingham Employment Tribunal on your behalf.
There are numerous situations that can point to constructive dismissal that could lead to a compensation claim by a solicitor in the Birmingham Employment Tribunal. This should not be considered an all-inclusive list:
Constructive dismissal happens when an employer essentially changes a worker’s job to such an extent that the employee is performing tasks that were not part of the original contract of employment. Often the employee finds it difficult or impossible to keep up with the workload created by the changes.
In that situation, an employee should submit an official complaint to the employer and give the employer a chance to resolve the problem. If the situation does not improve, the employee should obtain guidance from an employment law solicitor and resign immediately. Any claim will lose strength if you continue to work with unacceptable changes, the longer you stay gives an appearance of acceptance.
The best chance of success in a constructive dismissal claim before the Birmingham Employment Tribunaldepends largely on the evidence gathered. Keep any policy letters, management guidelines or emails from coworkers or supervisors that detail incidents of abuse. It is also a good practice to keep notes or maintain a log detailing dates, times and fellow workers involved. Try to get the names of any witnesses to the abusive behaviour.
A “no win no fee” approach allows us to represent you on a no risk basis. Using no win no fee means you don’t need any money to initiate a constructive dismissal claim. We can help with no risk, no obligation advice regarding your claim. If you don’t get awarded compensation, you don’t pay anything. To get free confidential guidance about your compensation claim from our employment law solicitors today, just phone the helpline or email our office.