Constructive Dismissal

Two years service is required to present a claim of Constructive Dismissal to the Employment Tribunal.  To pursue this claim the employee must prove that the employer has breached a term of their contract and that the breach was so serious as to merit a resignation normally without notice.

Claims of this type are more difficult for an employee than unfair dismissal as the employee must prove the case. 

The most common term to be breached is the implied term in every contract written or verbal of mutual trust and confidence.  Mutual trust and confidence is normally damaged or destroyed by unacceptable behaviour of the employer or of a co-worker/line manager.

The employer is responsible for the acts of its employees.  This is called vicarious liability.

We can assist with advising as to merit or risk of a claim and assess potential damages. For further information as to compensation levels please see the compensation link.

Employees have three months less one day from the termination of their employment to commence a claim for constructive dismissal.

Prior to claiming employees must now contact ACAS about Early Conciliation.

Extensions can be granted in certain circumstance but this is rare.

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What Our Clients Say About Our Employment Law Services

I was most impressed with the speed and efficiency which Andy Boyde at Consilia Legal handled my case. I selected Consilia Legal after reviewing previous feedback which had positive comments regarding the areas I was interested in. The way my case was handled turned a stressful situation into a quick and stress free process. I would have no hesitation in recommending Consilia Legal.

Craig S

Very quick and reassuring response from Andy and the team here after a very difficult situation at work. Referred from Citizen Advice Bureau because all other firms seemed less bothered about my needs versus their fees. Andy gave great advice and helped explore my options so I could respond appropriately without being cornered by my work. Ended up with a very amicable outcome! In difficult times you need people like Consilia to help guide and support you... thanks guys

Mirra Riz

Consilia Legal, and Marie in particular, have helped me a number of times with thorough and caring legal advice. This last time she helped me negotiate my way out of a difficult work situation. As a result of her candid advice I was able to: a) Leave amicably by resigning b) Secure 3 months pay in lieu of notice c) Obtain written confirmation a standard reference would be provided. Wonderful work as always and much appreciated! I would add there was a detailed plan in place should an amicable separation not have been possible, but this was not needed in the end due to the aforementioned candour. Always best to find an amicable solution.

Rich Holden

focused and friendly professional service. Very responsive to queries and extremely helpful guides during a challenging time. I was referred to Andy Boyde at Consilia Legal, by a friend - I am so grateful they introduced me. Andy was first class.

Daniel Sherman

Marie was an absolute star in helping me put together a case with a former employer,gave me so much guidance when other solicitors simply wouldn't even attempt to look into the claim. Can't thank her enough

Ian Whitaker

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