Constructive Dismissal Claims

What are the factors of a constructive dismissal case?

In order to bring a successful claim for constructive dismissal, the employee bringing the claim is required to prove:

• that he or she terminated the contract of employment
• that this was done as a result of the employer’s behaviour or lack thereof
• that it was reasonable for the employee to terminate the employment, and
• generally speaking that the employment took place for over 12 consecutive months (although exceptions to apply).

How can I ascertain if my termination was reasonable?

There is no single rule when it comes to determining what a reasonable action is. In order to establish the strength of your constructive dismissal case you are advised to seek the advice of an employment lawyer. However as a general rule the following points should be considered:

• Unlike an unfair dismissal claim, a constructive dismissal case puts the burden of proof on the employee, and so a lack of evidence would weaken the case
• Prior to terminating your employment you should have used all available complaints procedures
• If you had access to any outside complaints resolution services, these should have been approached prior to resigning
• Your resignation must have been an option of last resort, rather than your first action following your employer’s behaviour

How do I bring a constructive dismissal case?

Under the unfair dismissals legislation a claim for constructive dismissal should be made to the Employment Appeals Tribunal. As this area of law is complex, and evidence of reasonableness are required in order to prove a claim, you are advised to seek legal help when bringing a claim. An employment solicitor would have the experience and knowledge to better assess the merits of your constructive dismissal case, and the evidence you may require.

If you would like to obtain legal advice and information on claiming for constructive dismissal or defending a constructive dismissal case, Contact Law can put you in touch with a local specialist Employment Solicitor free of charge. So, if you have any questions or would like our help in finding local Employment Solicitors please call us on 1800 937 974 or complete the web-form above.

Last Updated on 02/03/2012