If you resigned from your job because you feel you were forced to, you might be able to make a claim for unfair or wrongful dismissal. However, you will need to prove that you had no other option but to leave your job.
Constructive dismissal: the burden of proof is on you
Constructive dismissal occurs when your employer has treated you so badly that you regard yourself as having been dismissed, even if they haven’t actually sacked you.
Minor breaches of contract do not count as constructive dismissal. To win your case, you’ll have to prove that your employer fundamentally breached their contract with you. For example:
- They broke their contract by failing to pay you a certain amount by a certain date
- They suddenly demoted you without a good reason
- They forced you to accept unreasonable changes to the way you work
- They behaved in a way that damages the relationship of trust and confidence between you and them, such as by isolating you, humiliating you, or falsely accusing you of misconduct
- They allowed other employees to harass or bully you
You will have to show that your decision to terminate your employment was in response to their breach and not, for example, because you found a better job.
You will also have to show that you tried to resolve your complaint through the grievance procedure before you resigned, and that you didn’t delay too long before resigning.
If the tribunal or court finds that you were constructively dismissed, you may no longer be bound by any restrictive clauses in your contract.
This type of claim is harder to win than an unfair dismissal claim, as the onus is on you to provide evidence of your employer’s behaviour. On the other hand, with an unfair dismissal claim, it’s the employer who has to prove why your dismissal was necessary.
Unfair dismissal: the burden of proof is on your employer
You can bring an unfair dismissal claim if your employer has no good reason for dismissing you, or because they failed to follow the correct procedure when they did so.
Were you dismissed for any of these reasons? If yes, your dismissal might be unfair.
- Asked for flexible working
- Refused to give up your working time rights
- Resigned and gave the correct notice period
- Joined a trade union
- Took part in legal industrial action that lasted 12 weeks or less
- Needed time off for jury service
- Applied for maternity, paternity or adoption leave
- Were on maternity, paternity or adoption leave you’re entitled to
- Tried to enforce your right to receive Working Tax Credits
- Exposed wrongdoing in the workplace
- Were forced to retire
Need help?
For a FREE assessment of your claim, call 0808 168 7288 or fill in the contact form on the top right of this page.
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.