Employment Compensation: Constructive Dismissal

Employment Compensation: Constructive Dismissal

A specific subdivision of the United Kingdom’s employment law is constructive dismissal, which is more accurately an unfair dismissal. Compensation claims for constructive dismissal are complex; in fact, some legal advocates refer to these as “the most complex” of all employer/employee relationship disputes in any area of employment law. Victims of conditions leading up to constructive dismissal should take legal advice prior to making a decision to resign. An experienced employment law solicitor ofcan provide much needed advice and counsel with this type of dispute. Employment law professionals deal with this type of dispute frequently and many have litigated several constructive dismissal cases in hearings before the Employment Tribunal.

What constitutes Constructive Dismissal

The circumstances of constructive dismissal are situations that involve an environment within a place of work, which is unpleasant and/or oppressive. Although each circumstance is different, the basis of most constructive dismissal claims is that the employee was “forced” to resign due to the climate in the workplace.

It is an employer’s responsibility to provide a workplace environment free from abusive supervisors and unwarranted stress. When an employee’s resignation is compelled by work conditions that are unbearable, the resignation is not voluntary it is a constructive dismissal. The inherent trust within the employer/employee relationship has effectively dissolved. In such cases, an employee might have a claim for compensation.

When this happens, an employee should instruct an employment law solicitor to negotiate a settlement with the employer. If those negotiations fail, the solicitor can assist the employee make an application to the local Employment Tribunal for mediation.

Situations that could lead to a Constructive Dismissal

Many situations could lead to constructive dismissal and these should not be seen as the only reasons for a valid claim, these are some conditions, which have been deemed valid:

  • “Bullying” in the workplace
  • Policies or procedures that are criminal or corrupt
  • Unfair or abusive treatment
  • Discrimination, victimization, and/or harassment that is racially or sexually motivated
  • Bigoted or biased treatment, which is related to sexual orientation (actual or perceived), age, religion, and/or pregnancy (actual or surmised)

Constructive Dismissal Compensation Claims

Constructive dismissal alsohappens when the employer essentially altersthe worker’s position or job description so much that an employee performs tasks not originally part of theiremployment contract. Frequently, the employee has difficulty or finds it impossible to meet expectations brought on by the additional or different workload the changes have created.

Under such circumstances, the employee should notify the employer through an official complaint to give the employer an opportunity to rectify the situation which he or she may not even be aware. When the situation persists, the worker should take advice from a knowledgeable employment solicitor. Most solicitors will advise animmediate resignation. A possible claim could lose strength if the employee continuesin that situation of unacceptable conditions. It could appear that the employee accepts the changes when he or she stays in the difficult situation too long.

Collecting Evidence

A constructive dismissal claim has a better chance of success if the claimant or victim gathers evidence that supports his or her claim prior to resignation. Physical evidence is the best, so hold on to management guidelines, policy letters or emails from supervisors or co-workers with details of abusive conduct. Maintaining a log or journal of specific events with details, such as dates& times, witnesses, and circumstances will enhance the employees’ chances during a hearing before the Employment Tribunal.

Legal Representation without Risk

The Conditional Fee Agreement (CFA), or more commonlyreferred to as ano win no fee agreement isrecognised across the UK and can be utilisedby solicitors to represent clients in a “no risk” approach to initiate employment claims. That approach gives a solicitor and client a means to pursue a claim without the client, whose budget is already strained by unemployment, paying upfront fees. When there is no compensatory award, there is no fee payable. When there is an award, the client pays the agreed upon percentage as the fee. For More Information Visit: Employment Claims

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