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.
For more detailed information about these issues please see our free guide to your rights at work.
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.
If you believe you may have a case to make an employment tribunal claim, we can make an assessment of your case based on the facts and information you send us by e-mail.
You can arrange an appointment to see an employment lawyer at our offices in London EC2, or Potters Bar, Hertfordshire.
There is more information about your rights at work in our free guide.
Martin Phillips is an experienced employment law solicitor who qualified in 1981. He has represented many claimants and respondents in unfair dismissal and discrimination cases at employment tribunals. He has a particular interest in disability discrimination cases. Workplace accident claims are another area where he has successfully acted for his clients on many occasions.
Ian Hurst has specialised in employment law and litigation since qualifying as a solicitor in 1999. He has a great deal of employment law experience, having acted for both large companies and trade unions as well as individuals. He has undertaken advocacy at employment tribunals including multi-day discrimination claims.