Constructive dismissal

Stephen was exceptional at offering great advice, with balance and consideration to the human side of employment experiences as well as the legal position.  He always made himself available at a moment’s notice, ensured the jargon made sense and that all was clear.  Very efficient, generating the most appropriate outcome for the case.  Now on speed dial should I ever need exceptional employment law advice.  Thanks Stephen!”   Clare Bacchus, Director

Constructive dismissal is the term used for when an employee resigns in response to the employer’s serious breach of contract.  Examples of typical situations include where an employer

–  withholds wages or bonus are withheld

–  demotes an employee

–  puts an employee under intense pressure

–  does not deal effectively with harassment or bullying

–  has breached an employee’s trust and confidence

If you have resigned or are considering resigning because of your employer’s behaviour, we can help.  Constructive dismissal claims are notoriously difficult.  This is because the burden is on you to prove a number of different parts to your claim, such as:

–  How the employer behaved

–  Why the employer’s behaviour was wrong

–  Why the employer should have known it was wrong

–  That you resigned in response to the employer’s behaviour

–  After that, the employer may defeat your claim if it can show ‘reasonable and proper cause’ for its actions.

These matters can be straight forward.  They can also be complex.  Fortunately for you, we have many years of experience and expertise in defending and avoiding claims of constructive dismissal.

We will ask you what you want and examine your case to see what outcome you can expect.  If there’s a mismatch, we will tell you.  Very often we find opportunities to get our clients more than they ever expected when they came to us.  We’ll agree objectives with you and work out a strategy to achieve it.  We will fight for you, whether that is to stay in work, agree an exit and settlement or for maximum compensation.

If you want out or are being pushed out, we will help you.  Give us a call.