Constructive Dismissal

A constructive dismissal claim might arise if a former employee alleges that you fundamentally breached the terms of their employment contract, leaving them no choice but to resign.

If your business is facing the threat of a constructive dismissal claim, contact our employment law solicitors for professional support. We have defended numerous employers in constructive dismissal claims and will act quickly to resolve the situation.

Defending constructive dismissal claims

When you instruct our employment solicitors, our first task will be to examine the merit of the allegations. Such claims have very strict criteria, and it is possible that while the former employee feels aggrieved, he or she does not actually have grounds for legal action.

If the claim does progress, there is a duty to follow the ACAS Early Conciliation process. This gives both sides the opportunity to resolve the dispute outside of court. We will support you throughout this process, advising on your position and negotiating with the other side.

If conciliation is not successful and the claim goes to an employment tribunal, we will manage everything for you. There are strict deadlines, as it is necessary to respond to the employee’s claim within 28 days. As specialist employment solicitors, we will represent you throughout. We will handle all the paperwork, gather the evidence and submit the best possible defence to the tribunal.

Our employment solicitors have an excellent track record of success in constructive dismissal claims. With Aticus Law, you can rest assured that your business is in safe hands.