9 signs you might have a constructive dismissal claim

Summary

Constructive dismissal (sometimes called constructive termination) is when you're forced to resign because of something your employer has done. Often this is the result of a hostile work environment. As an employee, you have the legal right to a safe work environment. Constructive dismissal claims are based on your employer breaching your contract of employment forcing you to resign. The legal term is 'constructive unfair dismissal'. To claim constructive dismissal, you usually need to be classified as an employee and have been employed for at least 2 years (including your statutory notice period). It is worth noting that you might still be classed as an employee even if your contract or employer said you were self-employed. If you've worked for your employer for less than 2 years you might still be able to claim for constructive dismissal if the reason you were dismissed is discriminatory or 'automatically unfair'. An example of an 'automatically unfair' reason for dismissal would be if you had to resign due to being treated unfairly in a way that amounts to a breach of contract because you are pregnant of you have reported your employer for wrongdoing (whistle blowing). An.

Key information

• Constructive dismissal (sometimes called constructive termination) is when you're forced to resign because of something your employer has done. Often this is the result of a hostile work environment.
• As an employee, you have the legal right to a safe work environment. Constructive dismissal claims are based on your employer breaching your contract of employment forcing you to resign. The legal term is 'constructive unfair dismissal'.
• To claim constructive dismissal, you usually need to be classified as an employee and have been employed for at least 2 years (including your statutory notice period). It is worth noting that you might still be classed as an employee even if your contract or employer said you were self-employed.
• If you've worked for your employer for less than 2 years you might still be able to claim for constructive dismissal if the reason you were dismissed is discriminatory or 'automatically unfair'.
• An example of an 'automatically unfair' reason for dismissal would be if you had to resign due to being treated unfairly in a way that amounts to a breach of contract because you are pregnant of you have reported your employer for wrongdoing (whistle blowing).
• An example of discrimination would be if you were treated unfairly because you are or are seen to be disabled, older or younger than the people you work with, or have a particular religion or set of beliefs.
• 1\. You're regularly not paid the amount you're owed without any good reason.
• If your employer decides to pay you less than you are owed according to your contract and has no good reason, this may be grounds for constructive dismissal.
• As a general rule, one-off underpayments of salary or failure to pay a salary is not serious enough to warrant a constructive dismissal claim, even though it is still technically a breach of contract. However, if an employer repeatedly fails to comply with their obligation to pay a salary, an employee may have grounds to resign and claim constructive dismissal and breach of contract.
• There's no legal definition of bullying, and bullying can take many forms. Some common examples of bullying at work are: co-workers spreading malicious rumours, copying private messages or memos about you to other parties who don't need access to the private information, misuses of power or position by a manager or superior, unwelcome sexual advances or inappropriate language or behaviour, constant criticism that is unjustified.
• Discrimination can be based on many factors such as age, race, gender, and sexuality. These are known as protected characteristics.
• If you believe you have been forced to resign because of discrimination based on these characteristics, you could make a claim to an employment tribunal.

Practical guidance

• Source: 9 signs you might have a constructive dismissal claim

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