Constructive Dismissal

Constructive Dismissal Solicitors

Constructive dismissal is a complex legal concept that arises when an employer breaches the employment contract in such a way that it forces the employee to resign. In these cases, the breach is considered a ‘fundamental breach’ of the contract, and it provides the employee with a legitimate reason to leave their job. At Barrett and Co solicitors, we specialise in helping employees navigate the intricacies of constructive dismissal claims.

25+ Years

Experience In Employment Law

What is Constructive Dismissal?

Constructive dismissal occurs when an employee resigns from their job due to a fundamental breach of their employment contract by the employer. This breach can take various forms, such as workplace harassment, significant changes in working conditions, or a hostile work environment. To claim constructive dismissal, employees must typically demonstrate that they had no other reasonable option but to resign because of the employer’s actions or omissions. If successful, the employee may be entitled to compensation as if they were unfairly dismissed by the employer.

Key Triggers for Constructive Dismissal

There are several scenarios in which an employee may have grounds to claim constructive unfair dismissal. These situations can vary widely but typically involve the employer’s actions violating the terms and conditions of the employment contract. Here are some common examples:

Pay Reductions or Non-Payment

If your employer significantly reduces your pay without your agreement or fails to pay you at all, it may constitute a fundamental breach of your employment contract.

Unapproved Changes in Work Locations or Hours

Your employer cannot arbitrarily change your work location or working hours without consulting with you first. Such changes, if imposed without your consent, may be considered a breach of contract.

 

Unjustified Demotion

A demotion without a valid reason, or without proper procedures, can be grounds for a constructive dismissal claim.

False Accusations of Poor Performance

If your employer makes baseless allegations of poor performance and uses them as a pretext for adverse actions, this could constitute a breach of your contract.

Unreasonable Changes to Your Role

Employers should not make significant, unreasonable changes to your job role without proper consultation. If they do so, you may have a valid claim for constructive dismissal.

Why Choose Barrett and Co?

At Barrett and Co solicitors, we are proud of our extensive experience in handling a wide range of employment law cases, with a special focus on Constructive Dismissal claims. Our track record demonstrates our ability to secure favorable outcomes for clients who have faced unjust treatment in the workplace.

Client-Centered Approach: When you choose Barrett and Co solicitors for your Constructive Dismissal case, you’re not just another case file. Your well-being and interests take precedence. We are dedicated to actively listening to your concerns, providing personalised guidance, and vigorously advocating for your employment rights throughout the entire legal process.

Local Insight: As a long-standing legal firm in Reading, Berkshire, we have a deep-rooted connection to the local community. This local knowledge, combined with our profound understanding of employment practices in the area, enables us to offer you tailored advice and strategies unique to your situation.

Proven Success: Our unwavering commitment to achieving justice for our clients has garnered us a well-deserved reputation for delivering successful outcomes in Constructive Dismissal cases. We are proud of our track record and will bring that same dedication to your case.

Your Path to Justice Starts Here: If you believe you’ve been subjected to Constructive Dismissal, don’t hesitate to get in touch with Barrett and Co Solicitors in Reading. Our team of experienced solicitors specialises in Constructive Dismissal claims and is prepared to stand by your side, tirelessly fighting for your rights and pursuing a fair resolution. Let us be your advocates during this challenging time, working tirelessly to secure a just and equitable outcome for you.

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