Many people don’t understand just what the term constructive dismissal means. Simply put, it means that if your employer has treated you in such a manner as to make you feel there’s no choice but to resign, you may be able to claim constructive dismissal. The treatment of the employer may be so severe that the employee can consider any contract between them as terminated.

This type of behavior doesn’t need to be just one event. It can apply to ongoing events. The claim has more to do with the employer’s breach of the employment contract. It can be a breach of implied terms such as the employer’s duty of care or duty to act reasonably concerning the employees. For example, this can be the employer reducing pay, changing job descriptions, hours or work locations to something unbearable, and the employer refuses to fix bad working conditions.

It can also include accusing an employee unjustly of theft. You must have been working continuously for 1 year in order to claim constructive dismissal. If you’ve worked less than 1 year, you can still make the claim if you were unfairly terminated. State a formal grievance against your employer, fully explaining the problem. Your employer is required to arrange a meeting to try and resolve the issue. Try to be reasonable as you’ll come out looking better if everything goes wrong.

If you retain an employment attorney, he, or she, will most likely suggest that you see a doctor to determine if this situation has caused you stress, anxiety or depression. When a job situation has caused you to suffer in this way, you may also want to look into personal injury law to see if you can file claims there, too. You should see your doctor to see if you’re suffering from these conditions and alert your employer as to why you’re absent.

You should leave your place of employment within a reasonable time from the breach. You’ll have 3 months after you leave to file an employment tribunal claim. If loss of employment has caused you to have to sell your home or property, you may want to also consult with a conveyancing attorney for help with that.