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Constructive Dismissal Solicitors

Legal advice for constructive dismissal issues and claims

If you would like to speak to one of our solicitors on a confidential basis about constructive dismissal please call us on 0203 178 5360.

We regularly advise executives, senior employees, and directors on both actual and potential constructive dismissal claims. Ideally we would become involved before the contract is terminated, but can become involved at any stage. We advise on the law, strategy and procedure involved in the process.

What is Constructive Dismissal?

The term constructive dismissal is defined by an employer who does not formally dismiss an employee, but through unlawful acts compels them to leave their post. Grounds for a constructive dismissal claim must include the following:

  • The employer must have seriously breached the employment contract
  • The employee did not waive or accept that breach
  • The employee felt they had no option but to resign due that contractual breach

What is deemed as accepting/waiving a contractual breach?

Constructive dismissal is precluded if an employer waives a contractual breach. The waiver or acceptance, however, must be unambiguous. For instance, a given contract breach may be regarded as waived or accepted if an employer does not resign within a reasonable time period following the breach. Such inaction might be considered an affirmation of the breach, in which case constructive dismissal would be ruled out.

However, in a situation where a series of contractual breaches were made by the employer, the employee’s resignation may be considered in relation to the last breach. The employee’s decision not to resign after the first breach, therefore, may not preclude a constructive dismissal claim.

Common Constructive Dismissal Grounds

You may have grounds to make a constructive dismissal claim if one or more of the following examples of serious contractual breaches have taken place in the context of constructive dismissal:

  • Demoting you without good cause
  • Reducing your benefits/overtime/pay/other payouts
  • Failing to pay you
  • Failing to provide reasonable support to do your work without bullying, harassment or disruption from colleagues
  • Threatening dismissal if you don’t accept alterations to your employment terms and conditions
  • Making you work in conditions which do not meet health and safety laws/guidelines
  • Changing working hours/job description without your prior agreement

This list is not exhaustive.

Recent instructions include:

  • Successfully conducting employment tribunal litigation for a senior employee claiming constructive dismissal and sex discrimination
  • High-value settlement (compromise agreement) of a potential constructive dismissal claim shortly after the contract was terminated
  • Advising an employee on the potential termination of their employment and the effect a termination would have on the employee’s post-termination restrictive covenants

Click on the link to learn more about constructive dismissal.

Talk to a Specialist Employment Lawyer

If you would like to speak to one of our solicitors on a confidential basis about making a constructive dismissal claim, please call us on 0203 178 5360 or email info@kervinandbarnes.com. We act for companies as well as individuals and find that this insight is extremely useful for strategising cases.