Constructive Dismissal

Constructive dismissal: What you need to know

Mike is not popular with his boss.

Although he works hard and to a good standard, he frequently criticises management and is regarded by his colleagues as a negative influence in the factory at which he works.

So when, without warning, he is moved from day to night shifts and told he must take it or leave it, Mike puts in a claim for constructive dismissal.

He argues that his employer has changed his terms of employment without notification simply to get rid of him and wins his case at an Employment Tribunal.

If Mike’s case sounds familiar to you, it might be that a claim for constructive dismissal is something you should consider.

To do so, you normally need to have worked at your company for two years – though there are exceptions to this in cases involving, for example, discrimination.

You’ll also need to be able to demonstrate the basis on which you think you have been constructively dismissed. These could include that your employer has fundamentally breached your contract, or that you anticipate that they intend to do so based on intentions they have previously outlined to you.

It might also be the case that you claim a breach of trust on the part of the employer, or that they have been responsible for a series of actions over time which have been designed to make your position at the company untenable.

You’ll then need to be able to provide evidence to support your claim. This could include any of the following areas:

  • Being victimised by your boss. Keep any emails you think would support a claim on this basis and a log of every example you think you have been singled out for unfair or different treatment.

  • Being demoted without any prior warning. Your company should have policies in place for changing your work status and must follow these scrupulously.

  • Being given a pay cut or threatened with one. Again, this is part of your terms of employment and can only be implemented by following the correct procedures.

  • Being moved to another office without consultation, or without warning in your contract of employment.

  • A failure to stop your harassment by other members of staff, even though management were aware it was going on.

  • Being ordered to work in circumstances which breach current health and safety regulations.

     

If you think any of these circumstances apply to you, then seek proper advice from an HR expert or employment law specialist as quickly as possible. By staying in a position for too long after any of these changes have been imposed, you could be giving tacit consent to your employer’s action.

We offer a free consultation to anybody who feels they are in this situation. Just click on the link to start the ball rolling.

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