Constructive Dismissal Lawyers Paisley
Constructive Dismissal is the term given to a situation where an employee has resigned because of the employer’s behaviour towards them. The conduct must be a serious breach of contract, either of an express contractual term or the implied terms of trust and confidence – which can cover such things as unfair disciplinary measures; deceiving an employee, subjecting an employee to excessive workloads and unreasonable and excessive staff surveillance.
The breach can be one incident or a pattern of continued behaviour. If an employee been accepting the behaviour for some time, without lodging a grievance, however, this may constitute an acceptance and effectually waiving the breach of contract. It is also important for the employee to state on their resignation notice that they are leaving because they have been constructively dismissed.
Examples of Serious Breaches in Employment Contracts
Examples of contractual breaches in constructive dismissal cases include:
- Unfounded allegations against the employee;
- A complete change of the nature of your work;
- Health and Safety law breaches;
- Harassment or bullying;
- Stress caused by work which is not being addressed;
- Unreasonable disciplinary proceedings;
- Failing to pay the employee;
- Reducing the employee’s salary;
- Demotion without good reason;
- Discrimination issues(such as not making reasonable adjustments for employees with disability)
Constructive Dismissal Solicitors Paisley, Scotland
An employee can claim constructive dismissal where they have been in continual employment with the employer for two years. If the case relates to discrimination, however, no minimum service is required to make a claim. Strict time limits apply in such cases, an employee must present their complaint to an Employment Tribunal within three months less one day of the date of resignation.
I Have to Quit My Job Because of My Employer’s Conduct
If you feel you have to quit your job because of your employer’ conduct, you may have a claim for constructive dismissal. If your claim succeeds, you will be released of any post-termination restrictive covenants in your employment contract, such as not working for a competitor, or forbidding you from contacting your employers’ customers, because you will be released from any contractual obligations as a result of the breach. In order to claim constructive dismissal, you must be able to prove that your employer’s actions have made your ongoing position as an employee untenable and that the breach goes to the root of your employment relationship.
Employees should lodge a formal grievance against employers in constructive dismissal claims before taking any steps to resign, to give the employer an opportunity to resolve the dispute. Failure to do so can reduce your damages award by up to twenty-five percent. In some cases, however, the situation may not allow a grievance to be lodged, and an Employment Tribunal [link to litigation LP] will look at each case to determine what is fair in the circumstances. When you do resign, you should fully state why you consider you have been unfairly treated and why your employer has breached your contract, even where you have previously lodged a grievance with your employer.
It is always best to obtain early professional advice in an employment dispute to make sure you are on the right track. An employment solicitor can guide you and inform you where it may be viewed that you have accepted the breach, or that the breach is not material, so it is very important you speak to an expert prior to resigning your position.
I’ve Been Accused of Constructive Dismissal by an Employee
If you are an employer who has had a constructive dismissal claim made against you, it is important you act now and get expert legal advice to ensure you have the best outcome possible. Speak to one of our employment solicitors about your circumstances for guidance on how to approach the situation, and to see where you and your business stand in defending such a claim.
Hunter & Robertson – Expert Employment Law Solicitors Paisley, Scotland
We serve clients in Paisley, Renfrew, Houston, Dalry, Linwood, Johnstone, Bridge of Weir, Elderslie or surrounding areas. If you are an employer or employee in need of advice from local specialists, please contact the employment law solicitors at Hunter & Robertson to arrange a free diagnostic interview. Our expert team of solicitors can guide you through your legal issue smoothly, giving you the best outcome possible so you can get back on track. Call us now on 0141 889 3196 or complete our online contact form and someone will be in touch with you shortly.