We receive frequent calls from employees who believe they have a constructive dismissal claim. On investigation this is very rarely the case in this complex area of employment law. If you think your employer is treating you intolerably you need to get expert legal advice from an employment lawyer and get it very rapidly.
The basic facts that you must be able to prove to a Court or Tribunal to bring a constructive dismissal claim are:-
- Your employer has breached a term of your employment contract
- The terms that was breached was a fundamental term of your employment contract
- You have resigned very quickly following the breach
If you satisfy the above criteria, then you have a constructive dismissal claim.