Constructive Dismissal Solicitors Leeds

An unfair constructive dismissal (often called constructive discharge or constructive termination) is the forced resignation of an employee due to an employer or manager creating a hostile work environmentor applying extraordinary and unreasonable work demands on the employee. This act of forced termination is considered an unfair dismissal.

Employment Solicitors Leeds provides professional legal assistance in carrying out a claim against your employer for a breach in your employment contract.

We will fight to achievethe most favourable outcome by resolving your unfair dismissal case; advising how your claim will be carried out and the available outcomes and awards that you are entitled to.

Making A Constructive Dismissal Claim

Constructive dismissal is appropriated by the poor treatment of an employee by their employer. It could be due to a one-off situation or regular transgressions over time. Either way, the employer’s behaviour leaves the employee feeling that they had no other choice than to resign from their employment role.

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If you feel you have been subject to a constructive dismissal,then you are entitled to make a claim against your employer in an employment tribunal.

Elements of unfair behaviour at work can include the following, and more:

  • Acts of bullying or harassment
  • Unreasonable changes to your working environment or working hours
  • Not being paid for work you have undertaken
  • Suffering a demotion for no legitimate reason
  • Being accused of unfounded poor performance
  • Threatened with a reduction in salary
  • Breach of health and safety laws
  • Insufficient compensations around the workplace to support a worker’s disability

How To Make Your Claim

Your claim must show proof that a fundamental breach of your employment contract has occurred. When you made your resignation, you should also have made it clear that your reason for doing so was the sole cause forthe termination of your employment.

You must have been employed by the business continually for a minimum of 2 years to make a claim. This must be a company employment role and not one of a sub-contractor, freelance or self-employed role.

You must make your claim within 3months from the date that you resigned from your employment.

If you agreed to or accepted the breach of acceptable behaviour in any way, it could impact the result of your claim. In the best-case scenario, the employee should continue to operate in their role under duress or protest to reserve their rights in conjunction with the claim. However, due to the sensitive situation of this type of claim, this practice isn’t always possible.

Another exception is when staff suffering ill health are subject to breaches in appropriate behaviour. Complications can arise if employees have accepted any allowances to compensate for their ill health at any point in the situation.

How Employment Solicitors Leeds Can Help

Our team of employment law solicitors specialise in constructive dismissal cases, so we understand the sensitivity of the situation and how any legal requirements will relate to your case.

With our experience and knowledge, we can advise you of the best ways to proceed, what your possible claim outcomes will be, and how to deliver your case to receive the maximum entitled compensation claim award.

We manage all of our client’s claims with sensitivity and professionalism. Constructive dismissal cases are often delicate and stressful, so we endeavour to make the process as simple and straightforward for our clients as possible.

The Process Of Constructive Dismissal

Lodge a formal grievance

The guidelines set out by the ACAS Code of Practice state that an employee should lodge an official grievance against their employer before taking any steps to resign. Your employer then has the right to resolve the situation amicably before either party apply to take the matter to an employment tribunal.

If the employee fails to lodge a formal grievance they could be subject to a 25% reduction in damages by failing to comply with the ACAS Code of Practice.

Specify constructive dismissal at the resignation

Your letter of resignation should include all of the areas of unfair treatment and your complaints against your employer. You should include all breaches of the employment contract, as this will outline your intentions for a constructive dismissal claim.

Your letter of resignation should also confirm where your grievances were previously raised and your employer’s failure to act upon them, or to resolve the situation.

Awards And Compensation Basic Award

The maximum weekly pay limit for claims is set to £508.00, and the maximum basic award is set at £15,240.00. The amount is calculated with consideration to age, time of service with your employer and your average gross pay.

The total award amount can be reduced if any of the regulations laid out have been broken or your conduct has been inappropriate.

Compensatory Award

In addition to the basic award,The Employment Right Act states a further amount to be awarded to compensate the losses incurred attributed to the employer’s ill-suited behaviour.This amount will consider, and more:

  • Loss of earnings, including possible bonuses or commissions
  • Loss of future earnings
  • Loss of statutory rights
  • Loss of further company benefits
  • Loss of pension payments
  • You should also be compensated for expenses in seeking new employment if alternate employment hasn’t already been obtained

The maximum award for compensation stands at £80,541.00 or a full year’s gross salary – whichever is lowest.

Always Seek Advice Before Taking Action

It is essential to seek advice before taking action in a constructive dismissal case. Incases where the claimant hasn’t adhered correctly to the guidelines or the structure of the constructive dismissal procedure, then it could severely impact the chances of receiving an award or compensation for unfair treatment.

Here at Employment Solicitors Leeds, our constructive dismissal experts will guide you through every step of the process to guarantee the best possible outcome in your case.

Negotiating an exit

As well as protecting your claim and possible award amount, another reason for seeking up-front advice regarding your possible constructive dismissal case is that in many cases there are alternative options available to your situation. In our experience, we’ve learned the ways we can handle the claim on your behalf that leads to mutually beneficial outcomes to both parties.

This line of action is known as a Settlement Agreement. Formerly known as a Compromise Agreement, both financial and separation terms are negotiated to save time, stress and costs to both employer and employee. A settlement agreement must be handled within the strict guidelines of the law with legal representation. Our expert employment law solicitors are fully equipped and experienced to understand preciselyhow much your claim is worth and how your award should be delivered. We will also protect you from any unrealistically low offers and protect you from making errors or choices that could void your claim entirely.

You should always seek legal advice before taking any action involving your employment.We are committed to protecting you from costly mistakes, your entitlements and legal rights.

Contact Employment Solicitors Leeds Now

You can call on 0113 4334 118 or fill up enquire form for an initial consultation regarding your employment position. We will offer you complete and full advice in easy to understand terms to help you to establish the most likely outcomes for your case in a relaxed and pressure-free environment.

We understand how difficult this time can be, so our expertly trained staff deliver all of our services with empathy and understanding. It is entirely up to you whether you decide to pursue your claim or not. We’re here to help you make those critical decisions backed by years of experience and industry knowledge.

Our Team

Craig McCracken

Craig McCracken

Craig McCracken is a Director in our employment team who also specialises in employment law with over 14 years’ experience in dealing with both contentious and non-contentious matters.In the most recent Legal 500 clients described Louise as being “accessible and down to earth” providing “clear and concise advice…in an exceptionally personable way”. Craig was described as “very knowledgeable and approachable” giving “sound advice”.

Louise Carr

Louise Carr

Our team is headed up by Louise Carr who had specialised in employment law for more than 15 years. She regularly appears in the employment tribunal and has been particularly involved in dealing with complex multi-day discrimination claims.

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