There are a number of different circumstances in which constructive dismissal can occur. For the dismissal to be considered ‘constructive’, the reasons for leaving must be serious. If you feel that you have been subject to constructive dismissal, it is important to seek legal advice at the earliest possible opportunity. Goodharts can help you with your case.
What is Constructive Dismissal?
Constructive dismissal differs from unfair dismissal in the fact that it involves an individual being forced to leave their job against their will, due to the conduct of their employer.
Circumstances which may amount to constructive dismissal include situations where your employer:
- allowing other employees to harass or bully you;
- changing the terms of your employment unreasonably (such as asking you to work night shifts when you only work during the day) or fail to pay you or demote you from your current position without just cause.);
- changing the terms of your employment unreasonably (such as asking you to work night shifts when you only work during the day)
- failing to pay you
- demoting you from your current position without just cause;
While this isn't an exhaustive list, any of these reasons may constitute constructive dismissal, and require immediate and robust legal action.
Our partners, Marie Colquhoun and Anne Colquhoun have years of experience of representing clients with cases involving constructive dismissal. We can advise you right from the beginning as to the merits of your case, the remedies available, and if you have a case of constructive dismissal that is likely to succeed at Tribunal when pursued, what the possible outcomes are likely to be. Your employer may also wish to enter into a settlement agreement with you.
It is important to note, if you feel that you have been subject to constructive dismissal, and as a consequence feel that you need to leave your job, that you should leave at the earliest opportunity. The reason for this is clear: if your case goes to a Tribunal, and if you have not left your job immediately, it is possible that your employer may argue that your failure to leave the job constituted acceptance of the way in which you were treated. In other words, the sooner that you leave, the better. Depending on the treatment you received, you may be able to raise a claim for disability or sex/gender discrimination.
If you feel able to do so, it may be possible to resolve your issue with your employer directly, either through a manager, or the more formal HR procedures of the company. However, Goodharts recognises that this is not always realistic, and that you will want independent and impartial help. That is where we come in. Call us on 0191 687 2055 in Newcastle or in London on 0203 858 0046 or via the contact form to the right.
Expert Constructive Dismissal Lawyers
When you first contact Goodharts about your constructive dismissal case, we will take time and care to get to know exactly what has happened, as well as you as an individual. This approach is one of the various ways in which we take pride in our client care and attention to detail. One of the most important things that we recognise is that the situation in which you find yourself is likely to be extremely stressful, and a very uncertain and difficult time for you.
With any case involving constructive dismissal, it is extremely important to seek help as soon as you can. We are focused on obtaining the best results possible for our clients, regardless of the circumstances. Goodharts will focus on gaining a detailed understanding of the circumstances of your case, right from the very beginning, which will immediately enable us to advise you appropriately and based upon the merits of it.
Very often, constructive dismissal can be difficult to prove. There are a variety of legal hurdles that need to be overcome, and it is necessary for your case to be strong in order to have the best possible chance of success. Goodharts can help to make sure that your case is as strong as possible, meaning you can be confident of a positive outcome.
Our years of experience with such cases means that we not only know how to deal with cases in the most legally effective and professional way, but that we also know the best way to obtain the best results.
Because of this experience, we are able to handle every aspect of your case from beginning to end, helping to take the worry and stress out of what is undoubtedly a difficult situation for you.
It is likely that you will have a variety of questions and concerns if you believe that you have been subject to constructive dismissal or are considering taking legal action because of it, and Goodharts is here to help you.
Contact Goodharts Solicitors in London and Newcastle, UK
With Goodharts, you can be sure of a friendly, approachable and personal service at all times, putting you, as the client first. A high standard of service is of equal importance to us when dealing with clients, and your case will be no exception to this.
Call us on: Newcastle - 0191 687 2055 / London - 0203 858 0046 or via our online contact form.