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.
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.