Constructive dismissal is the term used where an employee resigns in response to their employer’s breach of a condition (in other words, an important term) of their employment contract. In this situation, he/she would be entitled to treat him or herself as having been “dismissed”.
What Do You Need To Show To Make A Claim?
- Your employer was in fundamental breach of the employment contract.
- You resigned as a result of that breach.
- You have not accepted the breach by the way you have subsequently acted (unreasonable delay in resigning, for example, may constitute such affirmation).
This must involve a significant breach of an implied term (such as the implied contractual term of trust and confidence) or an express term of the employment contract that goes to the root of the contract (such as a failure to pay wages or similar).
Note: it may not just be one incident that amounts to a breach but a series of incidents or a pattern of behaviour which, taken as a whole, amounts to such conduct. The Tribunal will consider any previous breaches of contract that may have otherwise been waived by you.
Due to the complexity of this area in law, we recommend that you take legal advice on the individual circumstances of your case.
There is a risk you “resign too soon” which can result in you losing a claim.
There is a risk that you “resign too late” which can result in you losing a claim.
There is a risk that what you think amounts to a fundamental breach of contract is not what lawyers/Tribunals think amounts to a fundamental breach.
Claims which are presented out of time (that is, later than 3-months-minus-a-day from the date of termination of employment) are not accepted by Tribunals unless there are special circumstances.
The above issues involve a high degree of legal judgement, which is why we recommend getting expert legal advice in relation to your own situation as soon as possible.
What Compensation Could You Get?
This is complicated and lot depends on when you find alternative work.
We can help you to get a rough idea though over the telephone.