CONSTRUCTIVE DISMISSAL COMPENSATION

We deal with claims on behalf of employees relating to employment matters including taking legal action for involuntary resignation forced on an employee due to the unacceptable behaviour of others which is known technically as constructive dismissal. Our solicitors are experts in their field and where possible they negotiate settlement failing which they will make application to an Employment Tribunal to resolve any dispute. Our solicitors operate the no win no fee scheme and make no charge whatsoever if the claim is lost. If you would like to discuss your potential claim with a specialist lawyer with no charge and with no obligation just use the helpline or complete and send the contact form.

When an employee is forced to resign due to the intolerable behaviour of others there may be a situation where the employer must pay the employee damages as constructive dismissal compensation. Whether or not an application for compensation to an Employment Tribunal will succeed is almost entirely dependent on the behaviour of the employer and/or his employees before, during and after the unacceptable incidents or series of incidents that caused the resignation.

For employees to work efficiently it is inevitably necessary that they are placed in a calm environment and should not be subject to abusive or stressful conditions which they find to be intolerable or oppressive. Whilst in exceptional circumstances just one serious incident is sufficient to ground a claim for constructive dismissal compensation most successful applications to an Employment Tribunal arise out of a series of incidents designed by the perpetrator to put the victim under the burden of intolerable stress often with the specific blunt intent of forcing a resignation. There are however more subtle campaigns often aimed at just one individual that may have the same effect but are intended only to be offensive for whatever reason, usually for the amusement of the perpetrator and his friends or colleagues, that nevertheless cause a resignation. In these circumstances the perpetrator often expresses indignation that the victim should find the ‘jocular’ comments offensive, when it is plain to see that that the offender crossed the line of decency or reasonableness a very long time ago.

Behaviour that crosses the line and will cause constructive dismissal may be classed as either direct or indirect. For the behaviour to be direct it usually consists of constant bullying or a series of insults aimed directly at the victim that can include sex or race discrimination or harassment and abusive language. Behaviour that is indirect can take many forms including age or disability discrimination or making offensive comment about a group of people of which the victim is a member or of which the victim’s family or friends are members.

One common issue that leads to a forced resignation relates to either a change in working conditions or a change in job description. These changes may be as a result of a genuine necessity for the company to change its working practices however they are just as often designed to place the employee under intolerable stress in order to force a resignation which, from the company’s perspective, is a lot cheaper than paying compensation for redundancy or unfair dismissal. If you believe that you are being subjected to unfair pressure as a result of changes you should file a grievance and if the matter is not resolved, you should consider resignation sooner rather than later as putting up with the changes may appear to be implied acceptance of the change if the matter subsequently comes before an Employment Tribunal. In these cases it is sensible to obtain independent legal advice before taking any precipitous action.