How to Claim a Constructive Dismissal

September 3, 2021 11:17 am

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If you are thinking of leaving your job or have already handed in your notice because of your employer’s conduct, you could claim a constructive dismissal. In Employment Law this is referred to as a wrongful repudiation of contract so in order for you to make the claim the employer must have seriously breached your contract. Read on more information about how to make a constructive dismissal claim.

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Firstly, check that you have a constructive dismissal claim. In order to do this, you must have been forced to resign for one of the following reasons, or something similar:

  • Your employer bullied you or ignored and allowed for your experiences of harassment and bullying at work
  • You were demoted
  • Your work environment put your health and safety at risk
  • Unreasonable changes were made to the essential terms of your employment such as your position, responsibilities and work hours, without your consent
  • The benefits stated in your contract were taken away from you
  • You were not paid as you should have been
  • You did not receive the support you needed in order to do your job

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Once you are sure that you have a constructive dismissal claim, you must see if you are eligible. You can only make a claim if you are classed as an employee (meaning you mustn’t have already terminated your contract), and that you have worked for your employer for at least two years.

Lastly, to make a Constructive Dismissal Claim, contact Employment law friend and seek advice from Citizens Advice if you need to.