Make a Constructive Dismissal Claim
When an employee resigns due to intolerable working conditions, they may be entitled to claim constructive dismissal. However, the conditions that are considered intolerable must be serious enough to make it unworkable and cause an involuntary resignation, and there needs to be a loss sustained from this. This may include the cost of finding a new job and any losses incurred from not being able to work for a period of time.
The governing laws on constructive dismissal vary by state, and you should consult an employment lawyer to determine what the legal implications of your situation are. You can also seek the advice of a worker’s rights advocate to help you navigate your situation and make the best decision for yourself.
Generally, you will be expected to try and resolve the issue before you consider leaving by following your employer’s grievance procedures. This should be done even if you believe your employer’s conduct to be a breach of a legal right, such as discrimination or harassment.
Your employment contract will likely provide details on the grievance procedure that you can follow to bring up issues with your employer and how they should be handled. It is important to keep a record of any incidents that you feel are a breach of your workplace rights or a statutory law, such as the minimum wage or health and safety regulations. Make a note of the date, time and any individuals involved in the incident.
How to Make a Constructive Dismissal Claim
If you raise a workplace concern or complaint with your employer and they do not address it within a reasonable amount of time, this can be considered a breach of a legal right, and it is often a factor in a claim for constructive dismissal. It is also possible that your employer may be violating whistleblower laws, or retaliating against you for reporting illegal activity, sexual harassment, workplace discrimination, or worker safety violations. This may be in breach of your employment contract.
It is essential to document any breaches that you experience, so it is easier to prove them at tribunal if the need arises. This is why it can be useful to take photos of any issues that you feel are a breach of your employment contract.
In order to qualify for a claim for constructive dismissal, the breach must be both serious and persistent. This means that it must be a pattern of behaviour rather than one specific incident. For example, if your employer constantly breaches their obligation to treat you fairly in accordance with your legal rights, this will be sufficient grounds for you to quit and pursue a claim.
Constructive dismissal can be difficult to achieve and there is no guarantee that it will succeed in court, so it is important to carefully weigh up your options. It is also important to remember that you are unable to claim damages for your lost earnings, but the loss you suffered must be a direct consequence of the employer’s actions.
