In order to successfully pursue a claim of constructive dismissal, an employee must demonstrate that their employer’s actions or inactions led to intolerable working conditions. To establish this, the employee must prove that they knew of the circumstances and notified someone in authority about them. Even if they were successful, they must still suffer a broken relationship with their employer. Here’s how to make a claim of constructive dismissal.
The employee must have completed at least 12 months of service before they can bring a claim. However, this does not mean that the employee must wait for the 12-month period in order to make a claim. This means that they must bring their claim within 6 months of their termination. If the employee is unable to bring a complaint to the Employment Tribunal themselves, they can take the help of Citizens Advice. If the case goes to an adjudication officer, the employer has three months to settle the matter. For further advice on making a Constructive Dismissal Claim, go to a site such as Employment Law Friend
When the employer forces the employee to resign due to his or her conduct, it can be considered a breach of contract. If the employee was forced to resign because of unchecked conduct from colleagues, this can be grounds for a claim of constructive dismissal. To make a claim of constructive dismissal, it is best to raise the matter with your employer and provide an opportunity for discussion before seeking legal advice.