Constructive Dismissal Claims In London

Constructive dismissal claims are seen as a breach of any contract agreement. It normally occurs when an employee leaves without giving due notice. Although the initial fault seems to lie with the worker for quitting unexpectedly, it is normally a result of underlying problems in the workplace.

Even leaving unannounced may not hinder you from receiving unemployment benefit or suing, if it can be considered a constructive dismissal.

UNDERLYING REASONS FOR CONSTRUCTIVE DISMISSAL CLAIMS:

  • The manager did not support you over personal workplace issues.
  • You have been harassed or even humiliated, been excessively criticized or targeted.
  • You have had to put up with poor or unsafe working conditions.
  • Your pay has been seriously cut without warning or you were given sudden demotion, for no good reason. A good example would be if you were suddenly given night shift despite having a young family, or face a pay cut.
  • The employer failed on a fundamental clause in your contract. This is known as a Repudiatory breach.

The employer needs to prove that they have not been unreasonable in their dealings with you.

If you do not leave and stay in unsatisfactory conditions, then your company could argue that you have accepted this treatment.

Please talk to our experienced Solicitors about your case, but bear in mind these type of claims normally have to be done within three months of leaving the post.

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