I was delighted to help my client settle their constructive unfair dismissal claim. Read on for more information about my client’s story.
What Is A Constructive Dismissal?
A constructive dismissal occurs where an employee resigns in response to conduct by their employer that amounts to a repudiatory (fundamental or serious) breach of contract. This could be a breach of an express term of the employment contract, for example a failure to pay the employee, or an implied term of the employment contract such as a failure to provide a safe working environment or a breakdown in the relationship of trust and confidence between employer and employee.
The breach can be a single event/act or, alternatively, an employee can rely on a series of breaches which, when taken together, constitute a significant and fundamental breach.
The employee must resign because of the fundamental breach of contract (as opposed to any other reason) and should not wait too long from the date of the fundamental breach to the date of resignation. If there is a delay in resigning, the employee might be deemed to have affirmed the breach.
In a successful unfair dismissal claim, an Employment Tribunal can award:
- a basic award (calculated using a formula based on age, length of service and gross weekly wage);
- a compensatory award (to compensate for any financial losses flowing from the dismissal, principally loss of earnings/contractual benefits and employer pension contributions up to a maximum of one year’s pay or the statutory cap if lower).
My Client’s Story
The business that my client had worked for for many years was sold and my client’s employment transferred to a new employer under the Transfer of Undertakings (Protection of Employment) Regulations 2006. My client was offered a new role upon transfer which was effectively a step up and which they were keen to take on. There were a number of challenges on transfer such as staffing issues and the need to align systems and train staff. My client was not given a job description for their new role or provided with guidance, support or training. They were excluded from meetings and updates which made it more difficult for my client to perform their role. After only a few days in their new role, my client was demoted. My client was understandably distressed. They felt undermined and humiliated. This triggered a period of depression and sickness absence. My client submitted a grievance about the treatment they had received, which was not upheld.
How I Helped
At the point of our initial consultation, my client had appealed the outcome to their grievance and was waiting for the decision. When their appeal was dismissed, they realised that they could not return to work for the employer and saw no alternative but to resign. I drafted my client’s resignation letter, ensuring that the reasons for resignation were clearly set out and that the employer understood that their conduct had destroyed my client’s confidence in them. Attempts at settlement through the ACAS Early Conciliation process were not successful and my client proceeded with their claim to the Employment Tribunal. After I had prepared and submitted my client’s claim and the employer had responded to the claim, we received an offer of settlement via the employer’s solicitor. After some negotiation we were able to agree settlement terms to the satisfaction of my client.
What My Client Said
“I had an initial meeting with Kathryn and I explained the work place issues I had experienced. After careful thought she described what options I had if I wanted to pursue a case against my employers. It was explained to me in a manner that I fully understood and the process going forward. I decided to proceed action against the company and with Kathryn`s guidance it was a successful outcome”.
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: constructive dismissal constructive unfair dismissal constructive unfair dismissal claim Kathryn Bolton Employment Solicitor specialist employment solicitor