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  • Constructive Dismissal Solicitors

Constructive Dismissal Solicitors

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Constructive dismissal is when you feel pressured to resign from your job as the only way to resolve a serious issue at work. If you’re in this situation, our constructive dismissal lawyers could help you claim against your employer. We could also help you resolve the issue before it comes to making a claim.

Constructive dismissal usually happens because your employer done something that breaches your employment contract in a serious way, forcing you to resign. It’s a difficult position to be in but our employment solicitors will work quickly to resolve your issue and protect your interests.

Call us on 0207 650 3999 to discuss your position and we can work out the next steps with you.

What Services Do We Offer?

Resigning from your job is a big decision. If you can, you should always try and resolve the issue with your employer before you choose to leave. Our constructive dismissal solicitors can help with:

  • Advising if you have a strong constructive dismissal claim and suggest other options that could be open to you to resolve your issue
  • Avoiding a claim altogether by negotiating an exit package or settlement with your employer before you leave
  • Holding settlement discussions with your employer to ensure a good outcome for you
  • Making a formal constructive dismissal claim and drafting the legal documents for this
  • Representing you at mediations, an Employment Tribunal, High Court or County Court.

If you’re thinking of making a constructive dismissal claim it’s best to get legal advice as soon as possible. Contact our team on 0207 650 3999 to discuss your situation.

Who Can We Help?

We could help you claim constructive unfair dismissal compensation if your employer:

  • Demotes you for no reason
  • Does not pay you, regularly pays you late or does not pay your full salary
  • Allows other employees to bully, harass or discriminate against you
  • Does not give you a safe place to work or proper safety equipment and procedures
  • Changes your place of work or hours without checking with you
  • Regularly gives you an unmanageable work-load
  • Does not investigate a formal grievance you’ve raised.

To make a claim you’ll need to be classified as an employee and be employed for at least two years at your current job. You’ll also need to claim within three months of your resignation date.

Our solicitors can check if you meet these requirements. We’ll also assess your situation to see if there are other options available to resolve your issue such as through an Early Conciliation. This is where you can reach a settlement agreement with your employer without making a claim.

Why Choose Us?

Our employment lawyers are rated as experts in their field by independent legal guides such as Chambers & Partners and Legal 500. We help many people make successful constructive dismissal claims, in some cases we help you avoid one if there’s a better option to resolve your issue.

If you’re in a position at work where you feel your only option is to resign, it can help to have an experienced specialist on your side. You’ll get a helping hand from our team who will guide you through the claims process. We have an excellent track record of achieving settlements in difficult, high-value claims that others often turn away.

With offices across the UK, we can help you wherever you’re based. We’re used to taking on businesses of any size, so you don’t have to feel you’re alone if you want to make a claim against your employer. We’ll be with you every step of the way to make sure we achieve the best possible outcome for you.

Contact Us

For a confidential discussion about your situation, call us on 0207 650 3999 or fill out our online form and we’ll call you back.

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Constructive Dismissal - More Information

The first step is to try and resolve the issue through Early Conciliation. Early Conciliation can help you resolve the issue with your employer without going to court.

If the situation does not get resolved the next step is going to an Employment Tribunal. It’s important to get legal advice if you’re facing a Tribunal hearing. It can be difficult to prove that your employer breached your terms of contract, especially once you’re not an employee anymore.

Our Employment team can help you through the whole process from Early Conciliation through to a Tribunal.

The amount of compensation you can get will depend on your individual case. Usually your compensation will take into account:

  • Your loss of earnings and benefits while you’re looking for a new job (subject to a statutory cap and proof you’re looking for a new job)
  • Your loss of any notice period earnings (if you did not work your full notice period)
  • If you qualify for a basic award which is an amount paid based on your age, length of service and weekly wage.

Contact our team online or call 0207 650 3999 to discuss your situation and we can advise on a way forward.

There are a number of ways you can pay for your legal work:

  • Hourly rate – this is how most of our cases are funded. You only pay for the time you use.
  • Agreed fixed fees – in more complex cases it might be more cost effective for us to agree a fixed fee for your work.
  • Legal expenses insurance – this is legal cover that’s often a bolt-on to home insurance. It’s worth seeing if you have this as it may cover some or all of your legal fees.
  • Trade union membership – if you’re a member of a union, they might have something in place that pays your legal fees if you have an employment dispute.
  • Your employer – in some instances your employer may pay some of your costs (this can be the case if you are negotiating a settlement agreement).
  • Third party funding – this is where someone who isn’t directly involved in your case agrees to pay your costs.
  • Crowd funding – it may be possible to crowd fund your case using the CrowdJustice website (particularly if it’s of public interest).

We can review your options in an initial meeting and let you know how to best pay for your case.

It’s best to have any relevant membership/insurance documents to hand, as they will help us to understand any cover you already have.

There a five reasons where an employer can dismiss you. These are based on:

  1. Your capacity to do your job
  2. Your conduct at work
  3. The business facing a redundancy situation
  4. Your continued employment breaks the law
  5. Another substantial reason that depends on the facts of your individual case.

It’s important to get legal advice if you think your employer is not treating you fairly. Our solicitors can help identify if you can make a claim against your employer for an unfair dismissal.

Call us today on 0207 650 3999 or contact us online.

If your claim is successful in an Employment Tribunal or court, the outcome could be:

  • Compensation
  • Declaration of your rights
  • A recommendation to your employer to stop the discrimination from happening again.

The compensation you receive will depend on your individual case and circumstances. In most cases, your compensation will reflect:

  • Loss of earnings
  • Emotional distress you suffered from the situation.

If we settle your claim through negotiation, we may be able to get a reference and an apology for you, as well as a settlement agreement and terms which protect your reputation. Reaching a settlement this way can be less stressful than going to court or the Employment Tribunal. In our experience it’s also likely that you’ll receive a more favourable compensation settlement through negotiation.

Contact our team online or call 0207 650 3999 to discuss your situation and we can advise on a way forward.

Operates at the cutting-edge of employment law and is adored by clients."

Legal 500

Related Information – Constructive Dismissal

Employment Disputes - we can support you through every stage or a dispute with your employer
Senior Executives and Professionals – we have specialist expertise in helping people working in specialised fields
Parental & Family Friendly Employment Rights - if you're being discriminated against for your family responsibilities we can help you get the support you're entitled to at work
Harassment & Bullying - if you're being bullied at work our solicitors can help you protect your rights

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Exceptional experience of claimant work and high-quality judgement"
Legal 500, 2020
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