Constructive Dismissal UK – What it Actually Is?

June 2, 2021 6:14 am

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In employment law, constructive dismissal refers to an act by an employer whereby he dismisses an employee for whatever reason and with no justification. In extreme cases, it can be used to sack an employee for whatever reason (even if it is based on racial discrimination or gender discrimination) and without offering them a chance to appeal. In British employment law, constructive dismissal is a form of unfair dismissal in which an employee feels they have been unfairly dismissed from their job.

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In order to qualify as a victim of constructive dismissal, you will need to show that your resignation was induced by ‘willing to stand aside’, ‘disability’ or even ‘inability’. If the employer can show that these three are valid reasons for making you resign, then the courts will entertain your case. If, however, the employer can’t prove that these grounds exist, then he will have to settle for having you resign without a trial. A Constructive Dismissal Claim is often taken on by a professional company like Employment Law Friend who will assess your individual situation and advise you on the best way to proceed.

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If you feel that you have been a victim of constructive dismissal you should file a claim for breach of contract and unfair dismissal. A typical argument for breach of contract is that your employer has behaved in a manifestly unfair manner towards you, leading to a situation where you have become unable to continue working. Under these circumstances, it is usually the case that your employer will be asked to give you notice of continued unemployment. This is a dismissal without a trial, so you will be able to recoup any wages you might have lost during the period of notice. If your employer can’t offer you a settlement, you should consult a professional employment solicitor.