The essential ingredient in a Constructive Dismissal matter is where there has been a breakdown in trust and confidence between the Employer and the Employee which seriously damages that relationship.
Constructive Dismissal comes about when the Employer terminates the contract due to the Employee committing a serious breach of the contract, or indicating that they do not intend to be bound by the contract.
There may sometimes be a history of events where the cumulative effective has been to lead to a breakdown in relations, or there may be one perceived serious incident which leads an Employee to terminate the contract and to go on to claim Constructive Dismissal.
The Attwaters Jameson Hill Employment Law team has a proven track record of successfully representing Employers against a range of actions that can constitute Constructive Dismissal; such as an employee claiming to have been unfairly disciplined, wrongly accused of misconduct or a failure to properly follow a grievance procedure.
Any Employee with two year’s continuous service is protected by the Employment Rights Act 1996 against Unfair Dismissal. Where an Employee is dismissed, the Employer must not only follow a fair procedure, but the reason for the dismissal must be fair too.
At Attwaters Jameson Hill, our high quality Employment Law solicitors regularly advise Employers on acting fairly and lawfully when considering reasons and procedures for dismissal.
And when cases go to court or Employment Tribunal, we have the record to prove that tenacity in demonstrating our client’s good practice is effective against litigants seeking to take advantage of an employee compensation culture.