Constructive Dismissal Solicitor – Legal Advice

What Is Constructive Dismissal?

 

If your employer has fundamentally breached your employment contract, making it impossible for you to continue working, you may have the right to resign and claim constructive dismissal. This happens when your employer's actions force you to leave, even though they have not directly fired you.

At Canko Law Firm, our experienced employment solicitors provide expert legal advice to help you understand your rights and guide you through the process of making a claim for constructive dismissal. We have assisted numerous clients in successfully navigating unfair workplace conditions and obtaining rightful compensation.

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Can You Claim for Constructive Dismissal?

 

You may have a constructive dismissal case if your employer has:

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• Made significant changes to your working conditions without your agreement.

• Failed to stop bullying or harassment in the workplace.

• Breached your contract, such as not paying your salary or reducing your hours unfairly.

• Forced unreasonable workload or duties beyond what was agreed in your employment contract.

• Created a hostile or unsafe workplace, damaging the employment relationship.

 

If you have experienced any of these issues, you might be able to bring a constructive dismissal claim. It is essential to gather evidence and act swiftly, as time limits apply.

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Steps to Take Before Resigning

 

Before you resign and claim constructive dismissal, it’s crucial to:

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1. Raise the Issue with Your Employer

Try to resolve the matter internally through HR or a formal grievance procedure. If they do not take action, you may need to claim constructive unfair dismissal.

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2. Gather Evidence

Collect emails, messages, meeting notes, and witness statements to support your unfair dismissal claims. Having a strong record of incidents will help demonstrate that your employer has fundamentally breached your contract.

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3. Use ACAS Early Conciliation

ACAS (Advisory, Conciliation and Arbitration Service) offers free mediation to resolve disputes before filing an employment tribunal claim. This step is required before proceeding with a claim in the tribunal.

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4. Seek Legal Advice

Speaking with employment lawyers ensures that you understand your options and strengthens your claim for constructive unfair treatment. A solicitor can help you assess the strength of your case and advise on potential compensation.

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How to Bring a Constructive Dismissal Claim

 

If internal complaints do not work, the next step is to file an employment tribunal claim. Here’s how the process works:

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Step 1: ACAS Early Conciliation

Before filing a claim, you must notify ACAS. They will offer early conciliation to try to settle the case without going to court.

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Step 2: Submit Your Claim

If conciliation fails, you must file an employment tribunal claim within three months of your resignation. You will need to complete an ET1 form, detailing how your employer fundamentally breached your contract.

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Step 3: Tribunal Hearing

At the tribunal, you will need to prove that your employer’s actions left you no choice but to resign. Our experienced employment solicitors will prepare your case, ensuring you have the necessary evidence and legal arguments.

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Step 4: Tribunal Decision

The tribunal will determine whether your claim is valid. If successful, you may receive compensation for lost earnings, emotional distress, and other damages related to your forced resignation.

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Compensation for Constructive Dismissal

 

A successful constructive dismissal claim may result in compensation for:

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• Lost earnings due to job loss.

• Damages for breach of contract, including any financial losses.

• Additional compensation for unfair treatment and emotional distress.

 

The amount depends on factors such as:

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• Your salary and benefits at the time of resignation.

• The period of unemployment following your resignation.

• Whether you suffered additional losses due to your employer’s actions.

• Any impact on your future career prospects.

 

The Role of Employment Law in Constructive Dismissal Cases

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Employment law plays a crucial role in protecting workers from unfair treatment in the workplace. It sets out the rights and responsibilities of both employees and employers, ensuring that proper procedures are followed when dealing with disputes.

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Under employment law, employees have the right to work in a safe and fair environment, free from bullying, harassment, and unjustified changes to their contract. If an employer fundamentally breaches these obligations, employment law provides a legal framework for employees to bring a constructive dismissal claim and seek compensation.

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Understanding your rights under employment law can strengthen your case and help ensure a fair outcome in tribunal proceedings.Avoiding Common Pitfalls in Constructive Dismissal Claims

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Many employees struggle with successful constructive dismissal claims because they:

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• Delay too long before resigning after a fundamental breach.

• Fail to properly document their case.

• Do not seek legal advice early in the process.

• Resign impulsively without considering the next steps in their case.

 

To improve your chances of success, keep clear records, act promptly, and consult a solicitor before resigning. A well-prepared case increases your chances of winning your employment tribunal claim.

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How Long Does a Constructive Dismissal Claim Take?

 

A constructive dismissal case can take several months to over a year, depending on the complexity and whether it is resolved through ACAS early conciliation or proceeds to a tribunal. The timeline typically follows these stages:

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• Early Conciliation (1-6 weeks) – ACAS attempts to resolve the dispute.

• Filing the Tribunal Claim (1-2 months) – Submitting your ET1 form.

• Tribunal Preparation (3-12 months) – Evidence gathering, negotiations, and legal proceedings.

• Hearing & Decision (varies) – Depending on tribunal scheduling and case complexity.

 

Having employment solicitors on your side ensures the process moves as smoothly as possible, increasing the likelihood of a successful constructive dismissal claim.

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Why Choose Canko Law Firm?

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• Expert Legal Advice – Our solicitors provide clear and practical guidance on your constructive dismissal case.

• Personalised Support – Every case is unique, and we offer tailored legal strategies to suit your situation.

• Easy Online Enquiry – Fill out our online enquiry form for a free initial consultation.

• Affordable Representation – We offer transparent fees and flexible payment options.

• Client-Focused Approach – Your case is our priority, and we fight to protect your rights in every step of the legal process.

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Contact Us Today

 

If you believe you have been forced to resign due to a breach of contract or unfair treatment, contact our employment lawyers for professional legal support.