Constructive Unfair Dismissal Claims

If you have resigned and you feel that your employer's actions led you to do so, you may be able to claim constructive unfair dismissal. At DSM Legal in Warrington our employment law solicitors regularly advise on unfair dismissal claims. To speak to one of our employment law solicitors call on 0845 009 0863

In constructive unfair dismissal cases, the dismissal arises from your resignation if you were entitled to resign because of your employer's conduct, for example your employer may have imposed radically different employment contract terms upon you without prior consultation, or you may have been bullied at work.

If you succeed in establishing that your resignation was actually a constructive dismissal, whether or not the dismissal was unfair must still be determined. Your employer has the opportunity of demonstrating that the 'dismissal' was for a fair reason and that he acted reasonably in treating that reason as sufficient in the circumstances.

Breach of Employment Contract

If you have resigned in response to what you believe to have been a breach of contract on your employer's part, you must raise a grievance. Proceedings in the Employment Tribunal must be brought within 3 months less 1 day of the date of termination of employment.

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