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 which is currently 2 years (though this requirement is subject to exceptions). 

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. 

 

LATEST LEGAL UPDATES:

  • 3 Things We Learnt In Law This Week (18 April 2019)

    Tags: Employment Law, Employment Tribunal, Unlawful Deductions, Overtime

    Holland & Barrett Employee Wins Overtime Case

    A tribunal has ruled that Holland & Barrett made unlawful deductions from the pay of an employee who was required to carry out tasks beyond his contracted hours.

    Mr Fitz was employed as a supervisor and was required to cover for the store manager if they were absent. This required opening the store in the morning and closing the store in the evening, among other tasks that needed to be completed during opening hours.

    Closing the store involved four stages: closing the tills on the shop floor; reconciling the tills in the back office; closing the register and locking up the store, all of which Holland & Barrett told the tribunal took a few minutes. However, Fitz claimed that he also had to undertake other additional tasks at the … more

    

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