Constructive and Unfair Dismissal Solicitors in Leeds
Unfair dismissal solicitors
If you have been so unfairly treated at work that you had to resign or thinking about resigning, you may have a claim for constructive dismissal.
What is unfair dismissal?
If you have worked for an employer continuously for at least two years, you have several legal rights. This means that you cannot be dismissed without a fair reason. Fair reasons in the eyes of the law include:
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Capability: Where your health and ability are not up to the demands of your role
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Conduct: For example, where you are consistently late, abusive to others or frequently absent
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Redundancy: Where roles no longer exist or there is a reduced requirement for a particular role or type of work, and you have been selected for redundancy based on fair criteria and a fair selection process
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Breach of statute: For example, where an employee who needs to drive as part of their job is disqualified from driving, although driving would likely have to be an essential or at least significant part of their duties for the dismissal to be potentially fair
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Some other substantial reason 'SOSR': Which may include personality clashes with important clients or colleagues as well as reorganisation of a business
What is constructive dismissal?
Constructive dismissal – also known as constructive unfair dismissal – occurs when your employer has treated you so badly that you have no choice but to resign. This can happen for contractual reasons, such as when you have not been paid, but it can also happen because you have been subjected to discrimination, victimisation or harassment in the workplace or if the trust and confidence in the employment relationship have fundamentally broken down.
If you believe that your position at work has become untenable, it is often a good idea to talk to an expert employment solicitor to find out if you may be able to resign and then bring a constructive dismissal claim.
What actions justify a constructive dismissal claim?
For example, where your employer:
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Has not taken steps to stop people harassing or bullying you
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Has demoted you without just cause
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Has not paid you
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Has made unreasonable changes to your working conditions
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Failed to provide a safe working environment
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Has not provided you with the support you needed to perform your role
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Withdrawn important benefits set out in your employment contract
So long as you have worked there for at least 2 years, you may be able to bring a constructive dismissal claim. Give us a call to discuss your issue before you resign.
How do you claim constructive unfair dismissal?
If you have had to resign because of unfair treatment in the workplace or unfairly dismissed you need to act right away. This is because you have only three months, less one day, from the date of your unfair or constructive dismissal to file a claim. You must start the mandatory Advisory, Conciliation and Arbitration Service 'ACAS' Early Conciliation process before the time limit. This process is compulsory for most claims and must be completed and a certificate issued by ACAS before you can lodge a claim with the Employment Tribunal. The aim is to try and resolve matters.
Starting the ACAS Early Consolidation process may operate to extend the time limit for lodging an Employment Tribunal claim. The process makes the calculation of time limits in Employment Tribunal cases more complicated. You should seek legal advice promptly. Where ACAS Early Conciliation fails, we are here to help you to make an unfair dismissal or constructive dismissal claim at an employment tribunal.
Making a successful claim of constructive dismissal
If you feel compelled to resign you are not automatically entitled to any compensation for any wrongs by your employer. In order to receive compensation you will need to file and win a constructive dismissal claim. Here are some tips that should help you make a successful claim.
Tip #1: First raise a grievance with your employer.
Before filing a constructive dismissal claim it is important that you have raised a grievance with your employer. Failing to do so could undermine your claim and could also result in a reduction in compensation awarded.
Tip #2: Think before you resign
Many people, understandably upset with how things are unfolding on the job, resign suddenly without considering how they will support themselves. Whether he situation calls for an immediate resignation,
speak to the experts at Frederick Solicitors before resigning or taking any other action. We can assess the merits of your case for you and provide honest and straightforward advice on the best way to proceed.
Tip #3: Don’t wait too long
If you delay for months after the last act of wrongdoing, you may lose the right to claim constructive dismissal as it could be said that you have waived your right to claim or that because you continued working, you have affirmed any breach of your contract.
Also, if you do resign, don't wait too long to bring a claim. Remember you only have three months less one day from the day you resign to file an ACAS claim. An ACAS certificate will be necessary to bring your claim before the Employment Tribunal.
Tip #4: Be clear about why you are resigning
If you decide to resign, be sure that it is crystal clear to your employer why you are resigning. Do not make the mistake of thanking your employer in person or in your resignation letter for giving you an opportunity.
Instead, cite the specific grievance you feel they have failed to address, the steps you have taken to try and resolve it internally, and why you feel any remedial steps taken by the company have been inadequate.
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