Constructive dismissal compensation

What is constructive dismissal?

Usually this is where an employer has behaved in such a way as to make the employees position untenable. In most cases this compels the employee to leave their post.

Constructive dismissal - the facts:

It must be shown that the employer has created a situation that makes it very difficult if not impossible for the employee to continue with his or her role.

Examples of this would be:

1) Loss of status / salary / or position in unreasonable circumstances.

2) Harassment, humiliation or abuse in front of colleagues

3) Unreasonable amendments to contracts

4) False or unsupported accusations

5) Excessive disciplining / victimisation

Complaints in this area can be difficult to prove because not only do you have to show that the dismissal was constructive you then have to establish as an employee that you were effectively unfairly dismissed.

Constructive dismissal complaints need specialised legal assistance and our solicitors can help you by providing the necessary advice.

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If you think you have a claim for constructive dismissal we might be able to help - just complete the brief form below. Our team will respond to all written enquiries within 24 hours.

For immediate assistance please call our DISMISSAL COMPENSATION HELPLINE ON:

0113 268 8898.

open 8am-8pm 7 days

Please note that any information you submit will be held on computer and consequently will be covered under the provisions of the Data Protection Act. "The Claims Connection" is a subsidiary of MJN Marketing Ltd. (registered number 04772563)

PLEASE NOTE THAT THE INFORMATION PROVIDED IS FOR GENERAL GUIDANCE ONLY AND BASED ON CURRENT LEGAL ARGUMENTS. YOU SHOULD ALWAYS SEEK FORMAL LEGAL ADVICE IF YOU FEEL YOU HAVE BEEN UNFAIRLY TREATED BY YOUR EMPLOYER.

GENERAL NOTES

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MAKING A CONSTRUCTIVE DISMISSAL CLAIM

The information above summarises generally under what circumstances you should consider a claim for constructive dismissal. Some people find it incredible that the "one year" rule exists at all because it can allow an employer to be unscrupulous in their dealings with employees. However the fact is that people employed for longer than 12 months (and please note the exceptions outlined above) do have a significant degree of protection by law. If you feel that you have been forced to leave your employment because of the actions of your employer or a manager then provided you fit the criteria you really should consider taking legal advice on your claim prospects.

"NO WIN NO FEE" CONSTRUCTIVE DISMISSAL REPRESENTATION - This means that if we do not win your claim you owe us absolutely nothing in fees regardless of how much work we have undertaken. If we do win your constructive dismissal case then we will agree to share your damages as part payment of costs incurred. Regrettably there is little scope for recovering costs in any other way at a tribunal.

SO WHAT HAPPENS IF YOU DO CLAIM? Before considering a compensation claim you obviously need to know more about the process involved in taking your employer to a tribunal. Firstly we recommend that you instruct an employment law solicitor who can act on your behalf

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REPRESENTATION - Firstly we recommend that you instruct an employment law solicitor who can act on your behalf. It is possible to pursue a claim personally and many people do this. However you will generally be facing an employer who will have a solicitor acting for them and this will immediately put you at a disadvantage. You want to ensure that you have the best possible chance of winning your constructive dismissal claim.

PREPARING YOUR CASE - Your solicitor will advise you what evidence is required to prepare for the employment tribunal hearing and to support your case for dismissal. Usually the evidence will consist of witness statements, wages information, a chronological summary of certain events and various other documents. Your employment solicitor will know what information is needed to support your claim.

ARE EMPLOYMENT TRIBUNALS FAIR - These hearings are regarded as very fair indeed. There is a level playing field throughout and so long as you / the claimant cooperates with the Tribunal there should be no concerns about the fairness of the process.

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WHAT COMPENSATION WILL I RECEIVE - This is a difficult question to answer because all constructive dismissal cases are very different in terms of the issues involved with any dispute and the remuneration or career prospects at stake. Very often compensation will take the form of lost earnings or a drop in earnings suffered by the claimant should they win their dismissal case. Such losses need to be proven and documentary evidence such as wage slips etc will be needed.

WILL I HAVE TO ATTEND THE TRIBUNAL HEARINGS - There may well be a series of hearings leading to a final "FULL" hearing on your case. Generally all claimants are expected to attend their own hearings in order to respond to questions about the issues of the case and witness events as they unfold. Some claims do settle outside of the tribunal process because many employers would prefer to deal with matters amicably and perhaps avoid the risk of a public hearing that may lead to negative publicity. Around 60% of our cases settle outside of the Tribunal process.

DO NOT BE AFRAID OF MAKING A DISMISSAL ENQUIRY - There is nothing to be frightened of or anxious about when it comes to making an initial enquiry. Know your rights, find out about what powers you have to seek redress. If you are entitled to compensation then you need to act swiftly because you have generally no more than 3 months to make your claim at an employment tribunal.

- call 0113 268 8898 or complete the form above NOW -

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The Claims Connection employment section - UK injury employment compensation specialists.

- employment dismissal advice - compensation for unfair or constructive dismissal - dept of trade & industry official website - constructive dismissal tribunal official site - TUC - US constructive dismissal claim - US personal injury health & safety - constructive dismissal compensation lawyer - dismissal lawyers Law Society - human resources advice - legal advice on constructive dismissal - employment related research