Constructive Dismissal And your Rights As A Worker

Once an employee has tendered resignation over a work-related issue that may not be the end of the affair. If the employee feels they had no choice but to get out of a bad situation with the employer, and that situation can be proved to be the fault of the business, then they can consider themselves effectively dismissed and could bring a claim against the organisation as part of their workers' rights. This is often referred to as being 'constructively dismissed' and many people have brought successful claims against their former employers for it, although it's a risky thing to do and people need to be aware of the pitfalls before proceeding.

How Can You Tell If You've Been Constructively Dismissed?

Being constructively dismissed is defined by two things, firstly the seriousness and provability of the issue over which you quit, and secondly that you felt you were forced by your employer to resign, having no other choice. The issue at the centre of the dispute needs to be something very concrete, such as the employer coercing you to accept changes in your contract without warning or consultation, such as putting you on a night shift or demanding that you work for the business in a different town or city. Or it could be a breach of your employment contract, like demoting you without reason or not paying you.

Less provable issues, but still considered serious enough to be considered for a constructive dismissal claim under your workers' rights, include harassment, violence or bullying by colleagues or superiors, or perhaps being forced to work in conditions where health and safety regulations are not observed.

In these cases there will be a need to produce witnesses to support your claim, which could prove tricky if those witnesses fear they will lose their jobs too. Of course, if the witnesses were harassed or disciplined for helping your case, then they would be able to sue for wrongful dismissal too, and would probably win, but they might prefer to keep their positions, particularly in areas where jobs are hard to come by.

Following Procedures To Pursue A Claim For Being Constructively Dismissed

In order that you can prove that you had no choice but to resign you may have to follow through the business's internal process. First see if the problem can be sorted out informally and amicably with your employer, and if not, raise a grievance procedure and follow that through to its conclusion.

If the company refuses to acknowledge or act on your informal approach or the grievance procedure then you will be able to show that your efforts were ignored. If they co-operate with the process but the outcome is one you are unsatisfied with, you will need to take independent expert advice on your rights as a workers before deciding what to do next.

Look Before You You Decide To Resign From the Business

If the situation becomes one where you feel that you have no choice but to resign from the business, it is absolutely imperative that you find that independent advice, and quickly, for two reasons, in order to safeguard your workers' rights. The first is that if you don't act quickly your employer may be able to claim that your decision to remain with the company implied an acceptance of the situation.

The second, making this a right catch-22 situation, is that it would be folly to quit a job before making sure that you had a good case for constructive dismissal. So you have to resign quickly, but not before an expert has been able to assess your situation thoroughly and advise you as to the suitability of a claim for constructive dismissal.

Where to Get Help With Claims For Constructive dismissal

Trade union members can get a wealth of help with constructive dismissal though their representatives but non-union members will have to turn to other services to pursue their rights as workers. First port of call should be the Citizens Advice Bureau (CAB) or ACAS, the Advisory, Conciliation and Arbitration Service, both of which will provide free and impartial advice on constructive dismissal. In view of the urgency it might be better to invest in seeing a solicitor who specialises in employment law and the CAB can help you find one locally.