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  • Writer's pictureChloe @ OneSource HR

Need Help with Constructive Dismissal?

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Cost of Constructive Dismissal

The maximum award for constructive dismissal in the UK is currently £102,194.00. This is a combination of the statutory cap of £86,444.00, and the basic award that can be ordered by the Employment Tribunal of £15,750.00.

What is Constructive Dismissal?

Constructive dismissal occurs when a colleague voluntarily resigns from their position due to the employer committing a fundamental or serious breach in the employer/ employee relationship.

What is classed as a Fundamental Breach?

The ACAS Code of Practise states that the below scenarios could be considered a fundamental or serious breach, constituting constructive dismissal;

  • Being suddenly demoted for no reason.

  • Being bullied or discriminated against by either the employer or colleagues.

  • Changing hours or place of work without agreement and without the contractual right to do so.

  • Raising a grievance which the employer refuses to look into.

  • Being given an excessive workload.Consistently being paid incorrectly.

This is not an exhaustive list but remember only serious actions are usually categorised as constructive dismissal justifications. If you're unsure whether or not you're in a constructive dismissal scenario, reach out to us for a free consultation!

How can OneSource HR Help?

At OneSource HR we work with both employers and employees to help resolve disputes in the employment relationship.

If you are an employee:

  • We can advise on the appropriate legal steps to ensure a valid claim at employment tribunal.

  • We can help to construct letters of resignation, grievance and appeal.

If you are an employer:

  • We can independently review your policies and practises to help prevent constructive dismissal claims.

  • We can independently chair and support investigations, grievance, disciplinary and appeal hearings to ensure a thorough and proper investigation and outcome.

  • We can construct letters and advise on correspondence with employees up to the early conciliation stage.

Unsure of your situation and what to do next, or simply want to protect your business? Email for a FREE consultation.

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