Constructive Dismissal Tribunal

Constructive dismissal is a serious issue that affects employees across the UK, often leaving individuals feeling vulnerable, uncertain, and financially unstable. It occurs when an employer’s behaviour makes working conditions intolerable, effectively forcing an employee to resign. This can include breaches of contract, workplace bullying, unfair treatment, or a failure to address serious grievances. Employees facing such situations must navigate complex legal processes to seek justice and potential compensation. Without a clear understanding of their rights, they may miss crucial deadlines or fail to present sufficient evidence, which can weaken their claim.

Employment law in the UK offers safeguards for individuals who find themselves in this situation, but asserting those rights can be daunting. That is why having professional legal support is invaluable. At Hopkins Solicitors, we specialise in employment law and provide expert guidance to employees dealing with constructive dismissal claims. With our extensive experience, we help individuals gather evidence, meet strict tribunal deadlines, and build strong cases to achieve the best possible outcome. If you believe you have been forced out of your job due to unfair treatment, we are here to stand by your side and ensure your rights are upheld.

Understanding Constructive Dismissal

What is Constructive Dismissal?

Constructive dismissal occurs when an employer fundamentally breaches an employee’s contract, leaving them with no option but to resign. Unlike unfair dismissal, where an employer actively terminates an employee’s contract, constructive dismissal shifts the burden onto the employee to prove that leaving was their only viable option.

The most common examples of constructive dismissal include unilateral changes to employment terms without the employee’s consent, failure to address workplace bullying or harassment, non-payment or underpayment of agreed wages, and unsafe working conditions that jeopardise an employee’s health and safety. Employees who face these conditions must establish that the employer’s actions were serious enough to constitute a breach of contract, making continued employment untenable.

Legal Framework and Employee Rights

Constructive dismissal claims are governed by the Employment Rights Act 1996. To be eligible to make a claim, employees must typically have at least two years of continuous service with their employer. However, certain cases, such as those involving discrimination, may not require this service period.

Employees must act promptly, as delaying resignation after an employer breach may weaken their claim. It is advisable to clearly state in the resignation letter that the reason for leaving is the employer’s breach of contract. Additionally, the burden of proof rests on the employee to demonstrate that the employer’s actions left them with no reasonable alternative but to resign. This requires a well-documented history of the employer’s behaviour and its direct impact on the employee’s working conditions.

Steps to Take Before Resigning

Assessing the Situation

Before resigning, employees should carefully assess whether their employer’s conduct justifies a constructive dismissal claim. This includes evaluating whether the employer’s behaviour was serious enough to be deemed a fundamental breach of contract. Employees should document every incident related to the dispute, including dates, times, specific actions, and any relevant witnesses. A well-documented record strengthens the credibility of a claim and provides essential evidence during the tribunal process.

Utilising Internal Grievance Procedures

Most employers have internal grievance procedures that employees must follow before taking legal action. Engaging in these procedures demonstrates that the employee attempted to resolve the issue amicably and provided the employer with an opportunity to rectify the situation. Additionally, tribunals may look unfavourably on claims where employees failed to use available grievance mechanisms before resigning. However, if an employer refuses to address the grievance or the working conditions worsen, resignation and a subsequent claim may be necessary.

Seeking Legal Advice

Consulting an employment law solicitor before resigning is highly recommended. A legal expert can provide guidance on whether a claim is viable, the risks involved, and the best course of action. Legal professionals also assist with gathering evidence, structuring claims, and ensuring compliance with tribunal deadlines. Hopkins Solicitors has extensive experience helping employees navigate constructive dismissal claims, ensuring they receive the best possible legal support.

Request a Callback

The Employment Tribunal Process

Initiating Early Conciliation with Acas

Before filing a tribunal claim, employees must go through early conciliation with the Advisory, Conciliation and Arbitration Service (Acas). This step is aimed at resolving disputes without the need for a formal tribunal hearing. Employees must contact Acas within the statutory time frame, which is typically three months less one day from the date of resignation.

During the early conciliation process, Acas will attempt to mediate between the employee and employer to reach an amicable resolution. If a settlement is not reached, Acas will issue an early conciliation certificate, which is required to proceed with a tribunal claim.

Filing a Tribunal Claim

If conciliation fails, employees can formally file a constructive dismissal claim with the Employment Tribunal. This involves submitting an ET1 form, which outlines the details of the claim. The employer will then respond with an ET3 form, providing their defence.

Strict deadlines apply to tribunal claims, and missing them can result in the case being dismissed. Therefore, employees should seek legal assistance to ensure they meet all necessary filing requirements.

Preparing Your Case: Gathering Evidence

A strong constructive dismissal case is built on substantial evidence. Employees should compile the following:

• Employment contracts and written agreements that demonstrate the employer’s obligations and terms of employment. These documents serve as a foundation to compare what was contractually agreed upon and what was later breached by the employer.
• Correspondence (emails, letters, meeting notes) that highlight unfair treatment, breaches of contract, or attempts to address grievances. These communications provide a timeline of the issues faced and any responses or lack thereof from the employer.
• Witness statements from colleagues or other relevant parties who can corroborate the employee’s claims. Witnesses can provide insight into the working conditions, employer conduct, and how the situation affected the employee.
• Medical records or reports if work-related stress, anxiety, or mental health issues arose due to employer misconduct. These records substantiate claims of the negative impact of the employer’s actions on the employee’s well-being.
• Company policies and procedures to demonstrate whether the employer failed to follow their own internal processes, which could strengthen the case by highlighting inconsistencies in how employment issues were handled.

Presenting evidence in an organised and structured manner will strengthen the claim and improve the chances of success in a tribunal hearing. Employees should ensure their documentation is clear, chronological, and supports their assertion that they had no choice but to resign due to the employer’s conduct.

Understanding the Tribunal Hearing

A tribunal hearing follows a structured process, including:

• Preliminary hearings to determine procedural matters, such as whether the claim is valid and whether any additional information is needed before proceeding.
• Presentation of evidence and witness testimonies from both parties, where employees and employers provide their arguments and supporting documentation.
• Cross-examinations assess the validity of claims and defences, allowing both sides to question each other’s evidence and testimonies.
• Final judgment, where the tribunal decides whether constructive dismissal occurred and determines compensation if the claim is successful.

By preparing thoroughly and presenting compelling evidence, employees can significantly enhance their chances of a favourable outcome in the tribunal hearing.

Potential Outcomes and Remedies

Compensation Awards

If a constructive dismissal claim is successful, employees may be entitled to financial compensation. The amount awarded varies based on individual circumstances, but it typically falls into two primary categories:

• Basic Award: This is a statutory compensation amount calculated using a formula that takes into account the employee’s age, length of service, and weekly salary. The calculation follows a set scale similar to redundancy payments and is designed to compensate employees for the loss of employment due to unfair practices.
• Compensatory Award: This covers the actual financial losses incurred due to the dismissal. It includes lost earnings, benefits, pension contributions, and other financial repercussions resulting from the resignation. The compensation amount depends on factors such as the time taken to secure new employment, the severity of the employer’s misconduct, and whether the employee made reasonable efforts to mitigate losses by seeking alternative work.

Compensation awards can be reduced if the tribunal finds that the employee did not make sufficient efforts to find new employment or if their conduct contributed to the dispute in any way. Additionally, there is a cap on compensatory awards, which is subject to annual changes under UK employment law.

Reinstatement and Re-engagement

Although compensation is the most common remedy in constructive dismissal cases, tribunals also have the authority to order reinstatement or re-engagement under certain circumstances.

• Reinstatement involves the employee returning to their former position with the employer, under the same terms and conditions as before the dismissal. This remedy is rare in constructive dismissal cases since the fundamental breakdown of trust and confidence between the employee and employer makes it difficult for both parties to continue working together effectively.
• Re-engagement means the employee is offered a different role within the company, typically in a comparable position with similar responsibilities. This option is also uncommon in constructive dismissal cases, as employees usually prefer to seek compensation and move on to a new workplace rather than return to an organisation that forced them into resignation.

While reinstatement and re-engagement are potential remedies, the likelihood of a tribunal ordering them depends on the specific circumstances of the case and whether both parties are willing to work together again. In most cases, financial compensation remains the preferred and most practical resolution.

Request a Callback

How Hopkins Solicitors Can Assist You

Navigating a constructive dismissal claim can be complex and challenging. At Hopkins Solicitors, we offer comprehensive legal services to help employees achieve justice. Our employment law experts provide the following:

• Tailored legal advice to assess the strength of your claim.
• Assistance with preparing and submitting tribunal claims to meet strict deadlines.
• Representation during hearings and settlement negotiations to maximise compensation outcomes.

If you are considering a constructive dismissal claim, contact Hopkins Solicitors today for professional legal support. Our dedicated team will work with you every step of the way to ensure you receive the justice and compensation you deserve.

Conclusion

Facing constructive dismissal can be an overwhelming and distressing experience, but understanding your rights and the legal process is essential in ensuring that justice is served. Employees who find themselves in such situations should take proactive steps, including gathering evidence, following internal grievance procedures, and seeking professional legal advice. The employment tribunal process can be complex, and having a well-prepared case can significantly increase the likelihood of a successful outcome. By understanding the potential outcomes, including compensation awards or reinstatement, employees can make informed decisions on how best to proceed with their claims.

At Hopkins Solicitors, we are dedicated to supporting employees through every stage of the constructive dismissal claim process. With years of experience handling employment disputes, our team is committed to ensuring that clients receive fair treatment and appropriate compensation. If you believe you have been forced to resign due to your employer’s actions, seeking timely legal guidance can make a significant difference in the strength of your case. Our expert solicitors will work closely with you to assess your claim, provide tailored advice, and represent you in the tribunal to achieve the best possible outcome. Remember, you do not have to go through this process alone – Hopkins Solicitors is here to help you take a stand for your rights and secure the justice you deserve.

Request a Callback