Handling Constructive Dismissal Claims
Constructive Dismissal Claims
A constructive dismissal claim can have serious consequences. It can be expensive, time-consuming and emotionally draining to bring a claim through the courts. In some cases, the employee may not receive any severance pay and they will have to immediately find a new job. This is made even more difficult at the current time when many employers are laying off employees due to financial constraints or the COVID-19 pandemic. The employee will also have to go through the stress of revealing why they left their former place of employment on job applications, which can be damaging to their source identity and self-esteem.
In order for an employee to claim constructive dismissal, they must prove that their working conditions have become intolerable and that it amounts to a repudiation of an essential term of their employment contract. This is a heavy burden for an employee to carry and not every claim succeeds.
The first thing that an employee can do to help build a case for constructive dismissal is document any incidents of inappropriate conduct. This can be done by taking contemporaneous notes of any relevant events. This means writing down each incident as they occur – such as dates, times and names. By doing this, an employee can have a good record to use later in demonstrating that their employer has created an intolerable work environment.
Additionally, an employee should try to resolve issues with their employer before they quit. Often, simply raising an issue or a complaint can have the desired effect. In some situations, a sympathetic ear and an attempt to resolve the situation can be enough to avoid the need to resign and take legal action.
Handling Constructive Dismissal Claims
Another important step is to consult with an experienced employment lawyer. A lawyer can evaluate a situation, determine whether it is appropriate to file a claim for constructive dismissal and help guide the matter through the legal process. In addition to this, a lawyer can also provide advice on any potential compensation an individual might be entitled to based on their circumstances.
A lawyer can help an individual understand their rights and options, as well as the timeframes for bringing a claim to tribunal. They can also assist with calculating any loss of earnings incurred as a result of the breach of an employment contract.
Workers are protected by a variety of laws, including whistleblower laws and statutes dealing with workplace safety and discrimination. These laws can protect workers from being constructively dismissed by their employer, and they can also be supported by contractual clauses. However, claiming constructive dismissal can be a complicated and time-consuming process and it is not always successful. Employees should consider seeking legal advice before taking any drastic measures. Daniel Badre is a respected and tenacious advocate for his clients, and he can help guide individuals through the process of filing a claim for constructive dismissal. He has extensive experience with civil litigation, personal injury and employment law.