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What Is Constructive Dismissal?

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In recent months, a large number of recession-hit organisations have asked their employees to agree to temporary short-time working as a way to avoid

A few bad eggs have changed working conditions unilaterally, however, to spur employees into resigning, or devised other illegal schemes to shed staff without redundancy pay.

Where you feel forced to resign because of your employer's unlawful behaviour, you may be able to claim for

What is constructive dismissal?

To prove constructive dismissal, you must demonstrate that your former employer committed a serious breach of contract, you did not accept the breach, and you felt forced to resign because of that breach.

Examples of serious breaches of contract in this context include the following:

  • Unilaterally cutting your pay

  • Arbitrarily demoting you to a lesser role

  • Changing your job duties, working hours or place of work without your agreement

  • Making it impossible for you to do your job effectively

  • Failing to give you reasonable support to carry out your job without disruption or harassment from fellow workers

  • Forcing you to work in conditions where health and safety regulations are not observed

  • Wrongly and without evidence accusing you of theft

Constructive dismissal cases are hard to win, so you should always seek advice before leaving your job.  Factors such as your employment status, the terms of your employment contract, length of service, and reasons for leaving all require consideration.

You can obtain further information about constructive dismissal and guidance on what your options are for dealing with the situation from , (CAB) and .  Both CAB and ACAS provide free and impartial advice. 

Other sources of free information include and .  Depending on the circumstances of your case, however, it may be better to speak with a solicitor who specialises in law.

You can be in your area for free via solicitor matching services, which can also help you to understand the best course of action for your situation and whether you are ready to hire a solicitor.

And, again depending on your situation, they may be able to help you find a solicitor who will agree to take your case on a "no win no fee" basis, which means you don't have to pay for the solicitor's services unless you win your case.

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