We spend a lot of time at work, so it’s terrible when the work environment isn’t what it should be. Have you experienced any of these situations on one or more occasions?
- You’ve been bullied or harassed at work
- You’ve been forced to work unreasonable hours
- You’ve been put under undue stress at work
- You’ve been demoted without good reason
- Your salary has been reduced for no reason
- Your employer has completely changed the nature of your job
- Your employer refuses to pay you
- Your employer accuses you of poor performance when it’s not true
- Your employer has put you through disciplinary proceedings for no good reason
- You’ve been forced to work in an environment that breaches health and safety laws
- Your employer hasn’t made reasonable adjustments for any disability you may have
- You don’t receive all the benefits promised in your contract
- You haven’t received the support you need to do your job properly
If your employer treats you badly, we understand the temptation to say “I quit”– but it’s not always the wisest decision.
First, you should lodge a grievance. When you do, make it clear you are continuing to work ‘under protest’. If you don’t go through the grievance process before lodging a claim, the tribunal might drop the amount of compensation they award you by up to 25%.
If you do resign, you’ll need to go through the early conciliation process at ACAS before lodging a claim. If you don’t do this properly, your claim will fail. [Note – this requirement does not apply in Northern Ireland].
Has your employer breached your contract so you felt you had no choice but to resign?
If yes, you’ll have to provide evidence that they seriously breached their contract and that’s the reason why you left. Note that it can be hard to win a case for constructive dismissal, because the onus is on you to prove you had no other option.
To win, you’ll need to show that your employer breached a specific contract term, or that they broke the implied relationship of ‘trust and confidence’.
There are a few things you need to know:
Don’t wait too long to act, otherwise the court will consider that you accepted the breach.
When you resign, it will help if you make it clear you consider it a ‘constructive dismissal’.
Unless it’s a discrimination case, you must be an ’employee’ who has worked there for continuously at least two years. If you’re classed as ‘self-employed’ or a ‘worker’, you can’t make a claim for constructive dismissal.
Can you bear to wait until your employer dismisses you?
If yes, you might be able to make a claim for unfair dismissal. This type of case can be easier to win because it’s your employer who has to prove why they sacked you.
What this means to you
You must make a claim within three months less one day from the date you were dismissed, so it’s wise to take specialist advice at an early stage.
We can tell you the best action to take, and whether your claim is likely to succeed.
Need help?
For a FREE assessment of your case, call 0808 168 7288 or complete a Free Online Enquiry.
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.