Constructive Dismissal

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Constructive Dismissal

An employee with two years service may decide to resign with or without notice as a result of the conduct or an omission of their employer. The employee bring a claim to an employment tribunal on the basis that their employer has fundamentally breached their contract of employment. The conduct of the employer could be a series of acts culminating in ‘the last straw’ or there could be one very serious breach of contract such as an unwarranted demotion or a pay cut which could enable the affected employee to resign and successfully claim that they were constructively dismissed. It is usually advisable to raise a formal grievance before resigning in these circumstances but once a decision to resign is made the resignation itself should be prompt.

The geographical reach of our network of specialist barristers is such that, subject to availability, we can offer representation at every Tribunal and court in England, Scotland and Wales.