CONSTRUCTIVE DISMISSAL

Forced to leave your job against your will because of your employer's conduct?

what is constructive dismissal?

Constructive dismissal occurs when an employee resigns due to their employer's conduct, making the working environment intolerable or forcing them to leave. Rather than being directly fired, the employee is pushed out because of the employer's actions. The resignation is seen as involuntary due to the employer's breach of contract or hostile behavior. the key element of constructive dismissal include a breach of contract. The employer significantly changes the employee’s job duties, pay, work conditions, or other essential express of implied terms of employment without agreement. Read more.

Constructive Dismissal Compensation

In the UK, compensation for constructive dismissal typically consists of two parts. The basic award is calculated according to age, length of service and weekly pay. The maximum basic award is capped, but it increases annually in line with inflation. For 2023, the maximum basic award is approximately £17,000. The compensatory award is designed to cover financial losses suffered by the employee such as loss of earning, future earnings and benefits. The compensatory award is capped at either 52 weeks' pay or a statutory limit of £105,707 (as of 2023), whichever is lower.

Constructive Dismissal UK Legal Advice

If you believe you are facing constructive dismissal in the UK and are considering pursuing legal action, seeking professional legal advice is essential. Constructive dismissal cases can be complex, and the process of proving that your employer's conduct led to your resignation requires a clear understanding of employment law. We offer free, impartial employment law advice to employees and employers on employment rights, including issues of constructive dismissal. We also offer ongoing Employment Coaching where we can guide you through grievance procedures at work.