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.
To strike out or not to strike out?
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Andy Boyde
Associate, Employment law
0113 322 922207516 030531
a.boyde@consilialegal.co.uk
