Firstly, it is important to recognise and understand what is meant by constructive dismissal. The reasons for constructive dismissal are varied – but ultimately, the term is defined as ‘the changing of an employee’s job or working conditions with the aim of forcing their resignation’. In certain cases, you may be able to start legal action against your employer – but a correct and full understanding must be sought.
This post looks at the reasons for constructive dismissal and what to do if you are in this situation.
If your employer has made your life difficult at work, or has acted inappropriately meaning you can no longer stay in your position, employment law treats your resignation as dismissal. This is important – as it means you may be able to claim for unfair dismissal.
Here are five reasons for constructive dismissal:
– Victimisation or targeting of specific employers
– False or undue claims of gross misconduct such as theft
– Unnecessary demotion
– Excessive unwarranted pay-cuts
These above points are in addition to a number of issues that register as being unfair dismissal:
– Dismissal because of pregnancy
– Union Activities
– Dismissed because of jury service
– Age discrimination
– Assertion of statutory rights
– Membership of a trade union
If you recognise any of these reasons for constructive dismissal – you must seek help as soon as possible. Likewise, if you feel you are in a position in which it is impossible for you to carry on working, there are a number of experienced advisers and legal professionals who can look at your situation and advise accordingly.
The Citizens Advice Bureau has a number of factsheets free to download on employment law: https://www.citizensadvice.org.uk/work/work-fact-sheets/
Our team at Burt Brill & Cardens are highly experienced in working with people who take their employer to an employment tribunal or court. Contact us today to enquire as to how we can help.