Legal Law

What Evidence is Needed to Support a Constructive Dismissal Claim?

Needed to Support a Constructive Dismissal Claim

Whether you are a recent or long-standing employee, it’s important to have evidence at your fingertips in case you need to take action against a former employer. This can include any physical and/or written documentation which can support your claim of constructive dismissal. Setting unattainable targets or constantly changing job requirements without adequate support can make the work environment unbearable.

People often quit their jobs for a variety of reasons, such as their life circumstances change or they are no longer interested in the role. However, if your employer creates intolerable working conditions to the point where you feel you are forced to resign, this can be constructive dismissal. The key is to prove that the working conditions are so unacceptable they amount to a repudiation of an essential term of your employment contract.

This means that your boss breached one or more of the ‘implied terms’ of your employment contract, which are not explicitly stated but are established by law, custom or practice. These could include a duty of mutual trust and confidence, a right to a fair and reasonable work environment, or the duty not to discriminate.

Often, when an employer breaches these terms, they will have done so repeatedly over a period of time. This is why it’s vital to document every incident as it happens. This will help you to remember details at a later date and provide a strong case to support your claims. It’s also a good idea to keep a record of any communication you have with your boss – for example, emails or phone calls.

What Evidence is Needed to Support a Constructive Dismissal Claim?

Evidence can also include statements from fellow employees, as well as any other documentation you have, such as payslips or letters. You can even keep a diary of events, as this will help you to establish patterns of behaviour and can demonstrate that your employer’s actions are affecting your work performance and wellbeing.

If you’re unsure about what to do next, it may be worth seeking professional legal advice. At Springhouse, our expert solicitors can advise you reliably on issues relating to constructive dismissal and can work with you to explore your options, such as bringing a claim to an employment tribunal.

We can also offer early conciliation, which is the first step before taking your case further in court, if appropriate. Violating terms of the employment contract, such as unilaterally changing job responsibilities or working hours, can be considered constructive dismissal. Deliberately isolating or excluding an employee from important meetings or opportunities for advancement can create a hostile work environment.

It’s very difficult to win a claim of constructive dismissal, so it’s imperative that you seek professional legal advice from an experienced solicitor as soon as possible. Contact us today for an initial discussion about your situation, and we can advise you on how best to move forward. Ignoring or inadequately addressing employee complaints or grievances can contribute to constructive dismissal.

Leave a Reply

Your email address will not be published. Required fields are marked *