Employment Law and Constructive Dismissal

If an employee is dismissed by their employer, there are a number of civil claims they may be able to bring against them. In employment law, constructive dismissal and unfair dismissal are claims which are regularly brought by dismissed employees. Other claims which are brought by employees are unfair redundancy claims, anti-discriminatory and harassment claims.

The number of claims brought by claimants in employment tribunals has sharply increased in recent years. Correspondingly, so has the amount of compensation awarded by employment tribunals to successful claimants. This emphasises the importance of ensuring employers get expert legal advice and guidance before deciding to dismiss employees. If employers receive prudent legal advice on employment law then constructive dismissal, unfair dismissal and other claims by employees may be avoided. If they cannot be avoided then they can at least be minimised.

In addition to employers receiving legal advice, they should also instruct qualified solicitors to deliver training to senior employees on employment law, constructive dismissal, unfair dismissal, etc. If senior employees have a good working knowledge of the main areas of employment law, they are more likely to make legally correct decisions.

Constructive dismissal claims can be avoided by employers. If an employee raises a statutory grievance, the employer must endeavour to ensure they resolve the employee’s problem. If they do, the employee is unlikely to resign and subsequently claim constructive dismissal and possibly unfair dismissal. This highlights the importance for employers to have thorough and fair grievance procedures.

If you would like to obtain legal advice and information on employment law, including bringing or defending a constructive dismissal claim, 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.