Constructive Dismissal Cases
Constructive dismissal cases can be extremely complicated. To win a constructive dismissal case you will have to show that the conduct of your employer was so bad that you were forced to leave. A general view, and a view that is adopted by employment tribunals, is that a worker should only consider resigning from their post as a last resort. Otherwise, a resignation might not be considered constructive dismissal. Acas can help resolve problems through mediation and conciliation.
The first steps of a constructive dismissal case
If you have any problems with your employer then you should try to resolve them through the organisation's grievance procedure. You are required by law to raise a grievance with your employer before resigning and attempting to bring a constructive dismissal claim.
If you cannot resolve your problems with your employer through the organisation's grievance procedure then you should consider mediation. Your constructive dismissal case is likely to be stronger if you can show the tribunal that you have tried to resolve your dispute before resigning. Attempting to resolve you problem through mediation will help you to show this.
Mediation is a form of alternative dispute resolution. It involves you and your employer meeting with an impartial advisor ('a mediator') who will try to help you to resolve your dispute. The Advisory Conciliation and Arbitration Service ('ACAS') offers mediation in employment disputes. For claims of constructive dismissal, Acas can mediate before or after resignation.
If mediation does not work, you should consider resigning. You may have a constructive dismissal case but it would be prudent to seek legal advice before resigning. You should check with a solicitor to see if you may have a case for unfair dismissal as well.
If you would like to obtain legal advice and information on claiming for constructive dismissal or defending a constructive dismissal case, Contact Law can put you in touch with a local specialist Employment Solicitor free of charge. So, if you have any questions or would like our help in finding local Employment Solicitors please call us on 0800 1777 162 or complete the web-form above.
- Last Updated on 07/12/2011
