Constructive dismissal cases cause a great deal of debate within the industry and many cases go unreported because the employee does not believe they have a valid claim.  If you think you have a case of constructive dismissal you need to ask yourself the question:

Did you leave your job due to your employers behaviour towards you?

This is an evocative subject so let’s spell it out.

Did your employer make your life difficult beyond reason making you feel that you could no longer remain in the job?

When you resign in these circumstances your resignation is viewed as a dismissal by your employer and you are entitled to claim for unfair dismissal. 

Proving a case of constructive dismissal can sometimes be tricky, your employer could deny your accusations and employment tribunals tend to give the employer the benefit of the doubt as they do not like to interfere with business management issues. 

You must therefore resign shortly after the incident or due to a build up of incidents as this constitutes a serious breach of contract on the part of your employer.  It is then up to you to prove the dismissal was unfair

Examples of Constructive Dismissal can include:

• Harassing or humiliating staff.  (mostly in front of less senior staff)
• Not supporting a manager in a difficult work situation.
• Victimisation of a particular member or members of staff.
• Changing the employee’s duties or terms without consulting the employee.
• Making a major change to the employees job location at short notice.
• The false accusation of misconduct such as the employee is incapable of performing their job.
• Making a significant change in the employee’s job location at short notice.
• The excessive and unjust demotion of disciple of an employee.
• Excessive demotion or disciplining of employees.

If you think you have a case of constructive dismissal, you need to get all your evidence together as this will prove king and present your case to a solicitor that is practiced in this field.