Constructive Dismissal
What is it?
Constructive Dismissal is one of the most commonly raised enquiries we get and one of the hardest claims to bring. Strictly speaking it is a breach of contract claim, but it also can involve issues of unfairness, so straddles both unfair dismissal and wrongful dismissal. In brief, if an employer takes some action or step that fundamentally breaches the terms of the contract of employment which is so serious that it makes it impossible for the employee to continue working then a claim for constructive dismissal may arise. The employee would argue that the employer’s actions had the effect of dismissing him/her. The employee then has to notify the employer that he/she is treating the contract as discharged and then claims for damages for the notice period (which is the remedy for breach of contract) and, if eligible to apply, compensation for being unfairly treated (see unfair dismissal). You should always seek expert legal advice as soon as possible before claiming constructive dismissal and we are always happy to advise.
Can I claim it?
Because it is a breach of contract claim, anyone whose contract of employment has been breached can make a claim for breach of contract. Not everyone will be able to claim for unfair dismissal because some people will be constructively dismissed who have not served twelve months with their employer.
How much can I get?
Claims for wrongful dismissal are limited to the length of your notice period, so will include base salary and contractual benefits during that time. The claim could be brought either in the Employment Tribunal or a County/High Court.The Unfair dismissal element will be dealt with as described on the Unfair Dismissal page.
Please contact us for further advice on 0207 464 8433