If you have been forced to resign from your job against your will due to your employer’s conduct, then you may have a case for constructive dismissal.
An employer’s inappropriate conduct may take the form of a single incident or a series of incidents which are serious when taken together.
What Counts As Constructive Dismissal?
Have any of these things happened so you felt forced to leave your job?
- Withheld wages
- Sudden, unexplained demotion
- Unreasonable changes to terms of employment, including contract hours or working location
- Turning a blind eye to harassment or bullying from colleagues or bosses
- Humiliating and undermining you in front of colleagues
- Raising a grievance which your employer refuses to investigate
- Major breach of your employment contract
- Failure to provide a safe working environment for you or others
- Allowing a toxic work environment
- Giving you an excessive workload that you can’t cope with
- Setting targets that are impossible to meet
- Disciplinary action which is grossly disproportionate to the offence committed
If you believe you had no other option but to resign, you might have a case for constructive dismissal – also known as constructive unfair dismissal.
To qualify for constructive dismissal in Northern Ireland, you must be an ‘employee’ with at least one year’s continuous service, or two years if you worked in England, Scotland, or Wales (see below for exceptions). You can’t make a constructive dismissal claim if you’re a worker or self-employed.
You don’t need to wait for two years (or one year in Northern Ireland) before you qualify to make a constructive dismissal claim, if:
- You were victimised because you blew the whistle on bad practice at work
- You were discriminated against
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What Can You Do?
If you believe you may have a case for constructive dismissal, you must act promptly. You should make it clear to your employer, preferably in writing, that you are unhappy with their conduct. Do this as soon as possible. If you delay, your employer may argue that, by working under the conditions you are unhappy about, you accepted their conduct or treatment.
If you are unhappy, the first step you should take is to attempt to resolve the issue informally. If that doesn’t work, go through the company’s standard grievance procedure.
If you then resign, you should clearly state your reasons for leaving. If the breach of contract is serious, you may leave straightaway, without working your notice period.
Your resignation letter should set out the breach or breaches you are complaining about.
You must then bring a claim to an employment tribunal within three months of the date on which your employment ended.
For the best chance of winning your case, you will need to provide sufficient evidence of your employer’s behaviour. It’s therefore wise to keep a thorough written record of what happened, including who said or did what and when. Keep it fact-based, and unemotional.
For these reasons, it is important that you seek legal advice as soon as you consider resigning. You should speak with us before making your move.
About us: At Paul Doran Law, we specialise in employment law – this includes settlement and severance matters as well as claims about equal pay, discrimination, unfair or constructive dismissal, and unpaid wages or holiday pay.
We’re on your side: We only act for employees who find themselves in a dispute with their employers.
About you: Whether you work for a multi-national corporation, public sector, private sector or small employer, we can help. We act for clients in Northern Ireland, England, Wales and Scotland.
Easy payment options: You’ll have a choice of ways to fund your claim, including no-win, no-fee. Often, your employer will pay our fee.
What next: Give us a call today for friendly, clear and honest advice about your case. The initial consultation is FREE and with no obligation.
Important To Know
It’s important to know that constructive dismissal cases can be harder to win than unfair dismissal cases.
- With an unfair dismissal claim, your employer has to prove it was fair to dismiss you
- With a constructive dismissal claim, you have to prove that your employer was in the wrong
That means, whether or not you have already resigned, give us a call. The sooner you get our expert advice, the more likely it is we can help you.
Note that you can’t make a constructive dismissal claim if you’ve signed a settlement agreement (known as a compromise agreement in Northern Ireland).
If your employer has put you on a Performance Improvement Plan, that might not be accepted as a justification to resign.
If you stay for too long, the tribunal might assume you accepted the poor treatment.
After around a year of negotiations, we helped Caroline R to reach a settlement with her employer, which had initially denied any wrongdoing. She was awarded £15,000 in her constructive dismissal case, which she describes as “incredible”.
How We Help
At our free initial consultation, we will discuss with you in full the options which are available.
Depending on the nature of your employer’s misconduct, we’ll then help you decide whether or not you have a case for constructive dismissal, as well as what kind of compensation you may be entitled to.
If appropriate, we will then advise you on the steps you should take before and after your resignation. This can include attempting to negotiate a severance package on your behalf. We can also assist with early conciliation process if required, as well as lodging a claim and managing the case through to a satisfactory conclusion.
We have a number of options regarding funding a case (see here) and have also arranged an insurance policy which will protect you against the risk of having to pay Tribunal fees should your case be lost.
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Case Study
In 2015, we acted in a high profile constructive dismissal case against Walkers Crisps, on behalf of a client from Antrim. The client in question, William McIlwrath, was forced to resign from his position as a travelling salesman due to his employer’s failure to provide a suitable vehicle. This was despite their own Occupational Health department finding that the cramped conditions of Mr. McIlwrath’s existing van were causing him extreme pain in his heel and lower legs.
An Industrial Tribunal awarded Mr. McIlwrath the sum of £20,139.47, stating that “despite the considerable time and opportunity to resolve the situation and change the vehicle, Walkers failed to do so and therefore failed to act reasonably in the circumstances.”
Mr. McIlwrath said: “It was a really daunting prospect taking on such a huge employer in court over my treatment. I feel really happy to win as I felt I was fighting for my reputation and the odds were against me.”
Related reading
If you found this information useful, you might also like to read our related articles:
- Can I claim for constructive dismissal if I resign?
- How do I resign from my job?
- Is my dismissal unfair?
- Have I been wrongfully dismissed?
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