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Constructive unfair dismissal occurs when an employee ends their employment when they believe that their employer has acted in such a manner as to fundamentally breach their employment contract, e.g. an employer changing an employee’s terms and conditions, or not adequately dealing with allegations of bullying.
Have you been unfairly dismissed?
Constructive unfair dismissal is statistically the hardest of all claims to prove in an Employment Tribunal as the burden of proof is reversed in that the employee must first give evidence to convince the Tribunal hearing the claim that there has actually been a dismissal because of his/her employer’s actions.
To succeed in such a claim, an employee must prove the following:
- There has been a fundamental breach of contract by the employer.
- That the employee has resigned because of that breach.
- That the employee has not affirmed the contract following the breach, meaning that the Claimant has not accepted the breach by carrying on working for the employer.
The fundamental breach of contract can either be a breach of an expressed term, for example if an employer is seeking to change hours of work or, and more commonly, a breach of the implied term of mutual trust and confidence.
Unfair Dismissal Compensation
If the employee is successful in a claim for unfair dismissal the Employment Tribunal would award damages.
The damages are made up of two components, namely
- A basic award - calculated like a redundancy payment - i.e. based on age and length of service.
- A compensatory award - based on the actual financial loss that can be attributed to your employer.
Contact our solicitors about unfair dismissal?
If you feel you may have a claim for constructive unfair dismissal, then please either contact Pearson Solicitors Employment Law Team or call 0161 785 3500.