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How to Claim Compensable Negligence and Constructive Dismissal

Compensable Negligence and Constructive Dismissal

If you have been subjected to misconduct at work that has made it intolerable to continue in the job, or if your employer has broken an implied term of your employment contract, then you may be able to make a claim for constructive dismissal. Generally, this involves an employer breaching the obligation of mutual trust and confidence that is part of all employment contracts. A successful claim will typically result in a payout equal to that of an express dismissal. However, there are a number of key elements that need to be met in order to successfully make a claim.

The first requirement is that there has been a serious breach of a term of your employment contract. This could be an express term, such as the amount of your salary, or a ‘implied’ term – those terms that are not necessarily written down but are important to the contract, such as the obligation of trust and confidence.

Your employer must have committed a fundamental breach of these terms in order for you to be able to make a claim for constructive dismissal lawyer near me. This can be difficult to establish, particularly as a lot of the time it is only apparent in hindsight. This is why a lot of cases are heard before the courts and tribunals, as the behaviour will need to have been obvious for a substantial period of time in order to be proved.

How to Claim Compensable Negligence and Constructive Dismissal

You also need to have been employed for at least two years in order to be able to make a claim. This is because if you resign shortly after a specific incident of misconduct then this will not be considered a breach of contract and you will have effectively waived your right to bring the case. The longer you remain after the breach, the greater the risk that a tribunal will decide you waited too long to resign and that your resignation was not in response to a breach of contract.

A further element is that you have had to resign because of the conduct or treatment by your employer. In most instances, the behaviour must be so severe that a reasonable person would find it intolerable and be forced to resign. This is a standard which is often referred to as the’reasonable employee standard’. This is because the courts will consider what a reasonable person in your position would think of the circumstances and whether they are intolerable, and therefore justify resignation.

Finally, the behaviour must have caused you to leave your job – it can’t simply be an alternative reason for you to resign, such as finding new employment. In some cases, employment tribunals are able to reduce your basic award and/or compensatory award to take into account any earnings that you have received in your notice period or in alternative employment. For this reason, it is always best to seek the advice of a specialist wrongful termination lawyer. They will be able to help you identify what has occurred and help you understand your options going forward.


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