Constructive Dismissal Solicitors – What exactly is a constructive dismissal case?
Constructive Dismissal Solicitors
What exactly is a constructive dismissal case? In laymen’s terms, constructive dismissal is considered to have happened when an employer acts in a manner which contravenes an implied term of your employment contract, and then the worker resigns as a direct result of that conduct. In the UK, the Employment Tribunal is the body which decides on the validity of a case involving constructive dismissal. The Tribunal must be told that there is a valid constructive dismissal case before it makes its decision, and it will listen to both sides of the case.
Another issue which arises from the above is that if the employer cannot prove that there has been a fundamental breach of the contract then they are entitled to claim for breach of contract compensation. It is at this point where the role of constructive dismissal solicitors comes into play. They are there to make sure that there has been a breach of the contract, or that an act by the employer has created a breach in the employment contract.
There are different factors which can be taken into account when deciding whether there has been a constructive dismissal or not. Most often these factors involve the level of skill, competence and efficiency which were previously employed by the employer, and also the size of the company and the business in question. Other important factors that are considered are the reasons the employer gives for terminating the employee, the length of time they have worked for the company, and any other facts which could have led to the conclusion that there has been a breach of contract. In addition, it is also up to the employment tribunal to take into account the age and sex of both parties, and determine if the younger party had contributed more to the business than an older colleague.
What exactly is a constructive dismissal case?
If the case is to go to court, the most common thing for constructive dismissal solicitors to do is to represent their client and advise them to claim compensation. It is important to remember that if they lose the case, the employer will still be liable for a financial loss, and for any other costs which have resulted from the grievance being valid. This means that it is always better to seek legal advice, rather than simply accept defeat.
However, employers need to be careful with how they handle situations where their employees resign. The law does not require them to offer any compensation in this situation, which is why many people choose to take their grievance to court. They should be careful not to use their position to promote themselves through the process as this could result in legal action being brought against them by their disgruntled former colleagues. If the employer attempts to use constructive dismissal as a way of forcing an employee to resign, or tries to use the process to force a resignation from their job, then the Employment Tribunal can rule that the employer has contravened the British Constitution Act 2021.
When you represent a colleague who has gone through the process of a constructive dismissal, then you may find yourself having to defend your actions. There are certain rules which apply when handling a constructive dismissal case, such as being polite and making sure you listen to the other person. Many tribunals will also look at whether the employer provided an appropriate warning before beginning the procedure. However, it is essential that you are polite and represent yourself well at all times during the hearing process and even when the tribunal has ruled in your favour.