OUR SERVICES

THE WORK ETHIC
PO Box 28287
Edinburgh
EH9 2WU
Telephone: 0131 662 6988
Fax:0131 667 8175

23 Cramond Glebe Rd
Cramond Village
EDINBURGH
EH4 6NT
Telephone: 0131 336 1619

Free EnquiryCan I Claim For Constructive Dismissal?

If you have been a victim of constructive dismissal, yes you can make a claim. You have the protection of the law if you havenít been fairly dismissed. However, you should be careful when it comes to this area of the law, as it can be extremely difficult to prove that your employer has breached your contract in a way that led to you leaving your job.

Claiming For Constructive Dismissal

If you are thinking of claiming for constructive dismissal you must be able to prove three things:-

  • Your employer has substantially breached your contract
  • You did not agree to any changes to your contract/employment
  • You left your job as a direct result of the above

If you can prove these three things you are likely to be successful in court. Some common forms of successful constructive dismissal claim include: wages being cut without reason, hours being changed from daytime to night-time and an employer allowing bullying in the workplace. These all count as significant breaches of contract. You may also be able to make the claim on the grounds of multiple smaller breaches of contract.

Before taking your case to court, you should usually follow some alternative forms of action. It is advisable to talk to a specialist employment lawyer to find out what the best route is for you as every case is very different.

When you are unhappy in the workplace because of your employerís conduct you should firstly talk to your employer about your problems. They may not be aware of the issues you are unhappy about and you might be able to resolve the matter with them directly prior to legal action. You also have the options to take the matter to your trade union if you have one and follow your firmsí grievance procedure. Should these routes be unsuccessful, you may then wish to consider legal action.

To make yourself have the best possible chance of being able to claim for constructive dismissal you should ensure that you leave your employment as soon as you are sure that you have grounds to make a claim for constructive dismissal. This is because if you stay at your job your employer can argue that you accepted the changes to your contract and you will not be able to claim for constructive dismissal.

Do not leave your job is a breach of contract is threatened, as your employer can argue that the breach did not occur. Only leave your employment if your employer has significantly breached your contract, you cannot make a claim for a threatened breach of contract.

Need An Expert Employment Law Solicitor in Scotland?

Please call us on 0131 662 6988 or 0131 336 1619 or complete our online enquiry form.

 

Testimonials

"Faced with a complex industrial dispute involving three parties, Callander Golf Club called on the expertise of The Work Ethic to help resolve the situation. Sound legal advice backed by high-level negotiating skills led to an out-of-court settlement to the satisfaction of the Firmís clients."

J Morrison, Callander Golf Club

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"Hi Stan

I would like to thank you so much for everything you did for us. It was also my pleasure to know a gentleman like you.

Looking forward to seeing you in better occasions.

All very best,

Hadeel"

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