• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Constructive dismissal

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Constructive dismissal

    Can anybody give me guidelines regarding constructive dismissal and how easy or hard is it to prove.Sorry for being so vague but just putting the feelers out.Thanks JIm
    Tags: None

  • #2
    Re: Constructive dismissal

    Constructive Dismissal is where an employer has committed a serious breach of contract, entitling the employee to resign in response to the employer’s conduct. It is not enough to show merely that your employer has behaved unreasonably. There must be a fundamental breach of an express contractual term, or the implied term of “trust and confidence”. Furthermore, you must have left because of the breach, and you should make it clear when you resign that you regard yourself as having been “constructively dismissed”.

    You do need to be careful not to be seen to have waived any breach by your employer. This can happen where there is a long delay in lodging a grievance or resigning.

    Generally, you must have been continuously employed with the same employer for a period of 23 months and 3 weeks (and not already be under notice which expires before 2 years) in order to bring a claim. This is unless your case falls within one of the few exceptions where no minimum service is required i.e. where it relates to discrimination. You should be aware that the onus is on you to prove that your employer was in breach. This differs from unfair dismissal claims where your employer has to prove that there has been a fair dismissal
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Comment


    • #3
      Re: Constructive dismissal

      [QUOTE=Fordfocus;749308 just putting the feelers out.Thanks JIm[/QUOTE]

      Hi,

      Let me be direct.

      Constructive dismissal is a car crash solution, a final, no other option, shattering of the employment contract, "this happened and I HAD to GO!" Repudiatory breach.

      Setting up CD is wrong. And difficult. A distraction from sorting it out or leaving the unreasonable b&@ +#ds for a better job.
      In my opinion...

      Viking

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse

      Welcome to LegalBeagles


      Donate with PayPal button

      LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X