Bishopsgate Law employment law solicitors can give advice about unfair dismissal or constructive dismissal claims and represent claimants at an employment tribunal.
If an employee resigns (without notice) in circumstances where they are entitled to treat the contract as brought to an end by a fundamental breach of contract on the part of their employer there will be a dismissal (and it will almost certainly be unfair).
An example of this kind of constructive dismissal is where the trust and confidence between employer and employee is destroyed. Abusive or discriminatory behaviour by an employer towards an employee, a serious unilateral variation of contractual terms by the employer or conduct intended to provoke the employee’s resignation may well cause a constructive dismissal.
As a rule for there to be a successful claim of constructive dismissal the employee must inform the employer that the real reason for their resignation is the fact that the employee regards the employer to have repudiated the contract by what the employer has done or threatened to do. Usually the reason should be stated at the time of the resignation but this is not essential.
The employee must establish that the employer was in breach of an express or implied term of the contract, that the breach was fundamental to the contract and that they resigned because of it.
An employee who believes they have been unfairly dismissed may be able to bring a claim before an employment tribunal.
Strict time limits apply to employment tribunal claims, so get legal advice without delay.
Our employment law team are based at our Bishopsgate, London EC2 office.
There is more information about your rights at work in our free guide.