What happens during a constructive dismissal claim

Posted on:October 27, 2021


Constructive dismissal can occur when an individual feels that they have no alternative but to leave their job due to adverse working conditions, bullying or harassment that has been left unchallenged by the companies management.

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In order for a Constructive Dismissal Claim to be filled through a company such as Employmentlawfriend.co.uk a number of conditions will need to be present. Although it is always best to talk to a professional agency about handling your claim as each case will be different.

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In the first instance, the employee should have tried to speak with their line manager and management about the issues that they are facing. These need to be clearly detailed and a record of the meeting or email kept.  If the issues are not resolved and the employee decides to resign this needs to be a prompt decision as staying for too long a period afterwards can indicate that you were happy with the situation.

In most cases, you will need to have been working for your employer for 2 years before you would be eligible to make a constructive dismissal claim. You should cite the reason for leave as constructive dismissal to help your legal case. It is important to discuss this with a legal professional before you resign to ensure you do everything the right way. You can then bring a constructive dismissal claim against your employer for up to three months after you leave your place of work.