Constructive Dismissal Advice for Employers
If an employee claims for Constructive Dismissal against you, it’s vital that you get the specialist legal advice you need promptly from an experienced employment lawyer. You need to establish the full facts to determine whether or not your handling of the employee amounts to Constructive Dismissal.
We can help you defend the allegation and also advise on your employment procedures to help you avoid similar claims from employees in the future. Our team includes Employment Law specialists and can advise clients in different languages on a wide range of legal matters. Call us today on 0208 1111 911 or contact us through the website.
What is Constructive Dismissal?
An employee may allege Constructive Dismissal if they feel that your actions gave them no option other than to resign. In such cases there is no dismissal, because the employment is ended by a resignation instead. However, the employee may feel that their position in the company became untenable as a result of your actions.
Proving Constructive Dismissal is far from easy – your ex-employee must prove that you breached their contract of employment. This can happen by breaching an express term of their contract, or an implied one.
The following examples, illustrate how each can arise:
An express term of their contract means something that is specifically written into it, such as:
- Reducing their pay without following pay review procedures
- Demoting them without consulting with them or going through disciplinary or capability procedures
- Failing to follow your own procedures such as anti-bullying if an issue had been reported by the employee
An implied term is one that isn’t written into their contract but which you should reasonably be expected to observe, such as:
- Changing their work or working conditions so that it contravenes Health & Safety legislation
- Humiliating them in front of more junior colleagues (which can amount to a breach of mutual trust and confidence).
Regardless of whether the breach is of an express term or an implied one, the employee must prove a breach and the evidence must be compelling. For example, the fact that they are unhappy or stressed at work is not enough and a minor argument in the workplace does not constitute humiliation. However, if you feel you may have breached an employee’s contract in such a way, we strongly advise that you take legal advice at the first opportunity.
What other legal services might I need?
As a business, you have other Employment Law needs, such as Drafting Employment Contracts, Settlement Agreements or TUPE among others. You may also need advice on Commercial Property or Commercial Law or Corporate Law. We can help you with these and a wide range of other legal services for your business.
How do I get advice on Constructive Dismissal for my business?
Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. The initial call is free and we’ll advise you of our fees before you decide to instruct us. Depending on the specifics of your case, we may advise you how to respond to the claim. If we don’t feel that your employee was constructively dismissed, we can still advise you on your current procedures to help avoid similar incidents in the future.
