Constructive Dismissal is one of the most common causes of claims being made in the UK Employment Tribunal. The Tribunal cannot find an employer guilty of any breaches of employment law without having hearing and deciding upon the case. This means that the employer has very little to lose if a claim is made as he will have very little chance of defending his position in court if it is found that he has contravened the employment laws.
In Constructive Dismissal cases, there is no need for the employee to prove actual damage or loss before the Tribunal decides that he has been unfairly dismissed. Constructive Dismissal in itself is an unfair dismissal as the employee has not actually been made redundant but it is considered that due to the activities of the employee, he was let go by the employer.
A Constructive Dismissal Claim is often taken on by a company like Employment Law Friend who will assess the individuals situation and how the constructive dismissal occurred and whether they have a legal case against their previous employer.
The amount of notice period required for a successful claim is generally three months from the date of dismissal. If you have been working in the UK for less than three months and you are claiming for constructive dismissal, then it is likely that you will only be eligible to claim up to three months’ notice from the date of dismissal. There will normally be a requirement that the employee must give notice of the claim to the employer within the three month notice period.« Back