Has anybody had experience in pursuing a Constructive Dismissal claim?

DAVID M

Kennybot is about right from my expereince in the field, they are notoriously hard to prove and nigh on impossible unless a grievance is raised before you leave

waldo_mcginty

Constructive dismissal is hard to prove because there has to be a serious and obvious breach of the employers obligations as employer to the extent that you had no real alternative to resign.In simple terms you need to show that you were forced out.

kennyboy

yes i have only just found out results of mine - i did not succeed unfortunately - you have to have documented a fair amount of proof that shows you were forced out without going through proper dismissal procedures, otherwise it becomes just a tit-for-tat argument over who seems the most credible, you or your employer. unfortunately for me they deemed my employer to be credible and that they dismissed me as doing me a good turn - couldnt believe it !!! - is there anything specific you need to know about the procedure ? - obviously a solicitor is a good place to start, you need to register your claim within 3 months of leaving employment, and you may qualify for Legal Aid - all things which a solicitor can answer for you - oh and my case was using Scots Law so i suppose your situation may differ depending on where in the UK the claim is being made

Piggy C

Yes, but not me. I am interested in the replies you get because I might be heading that way myself.
All I know is that if you leave because you made a complaint which was not dealt with according to your employers stated policy you can say it was constructive dismissal. You would probably need prove that you had presented your grievance in the appropriate way and had tried to resolve your issues with your employer. Good luck!

Terri M

Yes. For a claim for "Constructive Discharge" you must prove that you were forced to resign due to a hostile work environment or that discrimination against you was at play.

This is difficult but not impossible.

If you left your employment and then shortly thereafter got a new job paying as much as you had been making or more then forget it - they did you a favor.

You must prove you have been "damaged" by your experience with your employer; i.e., you have no income or you can't get another job without a reference (they aren't going to give you one, by the way).

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