Employees - Constructive unfair dismissal

Tags: Constructive Unfair Dismissal, Qualifying Service Requirement

Have you been placed in a position where you are considering resignation because of your employer's conduct? Or have you resigned because of the treatment endured at work? If so, may have a claim for constructive unfair dismissal. 

To claim constructive unfair dismissal, you must show that: 

  1. Your employer has committed a serious breach of contract;
  2. You resigned as a result of that breach; and 
  3. That you did not delay in resigning as a result of that breach. 

What are the qualifying criteria for bringing a constructive unfair dismissal claim?

To proceed with a claim for unfair dismissal, you must:

  1. Be an employee and not an independent contractor or self-employed and 
  2. Have  been employed for the minimum qualifying period of service (though this requirement is subject to exceptions):
    • If your employment began before 6 April 2012, you will need to have one years’ service.
    • If your employment began after 6 April 2012, you will need to have two years’ service.

Time limit

The time limit for bringing a claim for constructive unfair dismissal in the Employment Tribunal is three months less one day from the date of dismissal. 

Remedies 

Employees, who are successful in their claim for constructive dismissal, can request reinstatement (returning to their old job) or compensation, though they will have to make every attempt to find alternative employment. 

If you feel you have been constructively dismissed, please contact us on 0113 350 4030 or complete the enquiry form for a free telephone consultation. Alternatively, why not drop into one of our free clinics on Wednesday’s from 5:30pm until 7:30pm at our offices

 

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