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Constructive Dismissal

August 16, 2017

Employees, who feel the urge to leave their work because of the breach of the contract conditions, can use constructive dismissal. It is used only in the most critical situations and should be taken as the last resort. Before claiming constructive dismissals, an employee should make all possible attempts to solve the problems in different ways. The examples of actions that should be taken before deciding to claim constructive dismissal can include having a conversation with union representatives or senior managers, and going through the mediation and grievance procedures.

Constructive dismissals are highly undesirable for employers because if the Employment Tribunal finds a company guilty, it may force it to pay compensation. In such case, reputational loses are far more dreadful than financial loses.

Employees may feel the necessity to go for resignation because of a series of incidents or even because of just one incident. The grounds that serve the reason for constructive dismissal can be the following:

  • Harassment (sexual or racial)
  • Violence against certain staff member
  • Top managers are deaf to hear the constructive complaints of the employees
  • Humiliation or victimization of a certain staff member
  • Bullying via verbal abuse
  • Employer constantly delays payment or rejects to pay wages at all
  • Employer forces employees to work in dangerous conditions
  • Constant criticizing in the presence of other staff members
  • Forcing employees to work without holidays
  • Changing the terms of employment or working conditions of employees without getting their consent or notifying them
  • Suddenly forcing staff members to work from a different town
  • Demotion for no reason

When to resign 

Employee shouldn’t wait until everything settles down. If an incident has already happened it signalizes that a problem exists. The sooner an employee decides to resign after the occurrence of an undesired situation, the better it is. Exceptions can include situations when an undesired incident was not critical, happened only once and the apologies were given.  

How to resign 

Staff members may choose to resign right away after the occurrence of an undesired incident or they can fill a written notice, notifying the company about their intention to leave in the nearest future. Notice can include the reason of employee’s decision in order to make company’s management understand the undesirable situation preceding an employee’s choice to resign. 

Claiming benefits if you resign

Using constructive dismissal may not necessary lead you to obtaining Jobseekers Allowance. This is why, first it would be better to check at your local Job Centre in order to understand where you are standing.

Seeking advice

In case you require further advice and guidance on how to claim constructive dismissal in a correct way, please contact Labour Relations Agency or your local Citizens Advice Bureau.

In any case, if you have experienced an act of inappropriate behavior from the side of your employer, you shouldn’t take it as something normal. You have the right to protect your dignity and basic human rights. Never allow anyone to compromise yourself and remember that there are a lot of people and organizations eager to protect you.

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