First4Lawyers can help you following constructive dismissal

What is constructive dismissal?

If you have resigned from your job when you didn’t want to because of your employer’s conduct, particularly if they have breached your contract of employment, you might be able to make a claim for constructive dismissal.

Under the Employment Rights Act 1996, the law dictates any resignation that occurs in circumstances in which you are entitled to end your contract of employment because of your employer’s conduct can be classed as a dismissal. In such circumstances, and if you have been employed for at least two years continuously, you can claim for constructive dismissal.

You must prove any breach of your contract by your employer was fundamental. However, convincing the civil court or employment tribunal requires a well-constructed argument, and that's something our specialist employment solicitors can help you with.

Some examples of fundamental breaches of contract include:

• Harassment
• Bullying
• Discrimination
• Failure to pay wages
• Significantly changing an employee’s job description at short notice
• Excessive demotion or disciplining
• Failure to investigate a grievance or complaint

In more serious cases, such as if your employer has assaulted you, threatened you, sabotaged your work, or made it impossible for you to do your job, you may be able to claim wrongful constructive dismissal, which holds different remedies and penalties to constructive dismissal.

What are the actions following constructive dismissal?

Successful claims for constructive dismissal can result in three possible positive outcomes for the claimant:

• Re-employment
• Compensation
• Re-employment and compensation

If your case is successful and you wish to return to your job, you can be re-instated or re-engaged. This means being placed in a job with the same employer but not in the exact same position.

The court will consider whether re-employment is practical, and whether it is fair on all parties. It often depends on the events that occurred after you left your job.

How much could I get?

Exact amounts depend on the circumstances of your individual case, but it's worked out similarly to unfair dismissal claims, based on what you have lost out on financially.

There is a basic award, which is a statutory amount up to £14,670, and there is a compensatory award, which takes into account your losses. This is capped at a maximum of £80,541, or a year's salary – whichever is the lower.

You can only claim damages that arose naturally from the breach in your contract of employment, and the damages can only act as compensation to you rather than punishment to your employer. The court will also expect you to mitigate your loss by seeking employment as quickly as possible following your dismissal.

However, in some cases there is no cap on the compensation amounts. For example, where there is a claim for discrimination, whistle-blowing or health and safety issues as well as constructive dismissal.

I’m considering taking a constructive dismissal case to court – what should I do?

The first step is to file a statement of claim to start an action against your employer. First4Lawyers’ team of employment law experts can help you to ensure your written statement contains the appropriate details and essential information that will support your claim of constructive dismissal.

This statement must be filed in a timely manner, so it is important that you act quickly once you've made the decision to take action.

We can take you through each step of the process of claiming constructive dismissal, and help to take the stress out of the ordeal of losing your job.