Constructive dismissal is a frequently misunderstood term - but if your employer behaves in a way that means that you feel you have to leave your job, you might be able to claim constructive dismissal.
Constructive dismissal takes place when an employee terminates their employment because the employer's conduct is such as to make it unbearable for the employee to continue in their employment. This behaviour must be so serious that it can be classed as a breach of contract i.e. behaviour that gives the employee the belief that their employment contract has been terminated.
Constructive dismissal can apply to a series of events, not just one specific event. Constructive dismissal claims relate to the employer's breach of express of implied terms of your employment contract. For example, your written terms and conditions, the advertisement for the position, or something written in the staff handbook. It can include breach of implied terms, like an employer's duty of care towards its employees or duty to act reasonably.
An example of conduct amounting to constructive dismissal can include an employer reducing your wages, making changes to your job description, hours or place of work or rejecting requests to rectify bad working conditions.
Examples of a severe breach of an implied term amounting to constructive dismissal would include; an employer making it impossible for you to do your job effectively, not giving you the support required to carry out your work without interference or harassment from colleagues, or wrongly accusing you of theft with no evidence to support the accusation.
In order to claim constructive dismissal you must have had one year's continuous employment. If you have less than one year's continuous employment, you could still claim constructive dismissal if you are able establish that your employment was terminated for an automatically unfair reason.
You should raise a formal grievance if you are unhappy with how your employer is treating you. Clarify exactly what is making you unhappy. Following the ACAS Code of Practice, your employer should then arrange a formal meeting, without unreasonable delay, to discuss the grievance. You should try to be reasonable and helpful in trying to resolve the problem through negotiation with your employer. Employment Tribunals are frequently more sympathetic toward employees who have attempted to settle or mediate problems before going to a tribunal.
Experienced employment solicitors appreciate that those employees who find themselves in a situation where they are likely to make a claim for constructive dismissal, are often suffering from anxiety, stress or even depression. You should seek medical advice if you think you may be suffering from any of these conditions and