Can Constructive Dismissal Claims Be Filed After Accepting a Settlement Offer?

Constructive Dismissal Claims Be Filed After Accepting

If you believe that your employer has breached your employment contract, forcing you to resign, you can bring a claim for constructive dismissal. However, it is important that you take steps to try and resolve the situation before you resign. Otherwise, your employer may argue that you were not forced to resign and that you did not have a real choice but to stay.

You should also avoid resigning before you believe that your employer has actually breached your contract as this could leave you without a job and at risk of benefit cuts from your local JobCentre or Jobs and Benefits office (JobCentre will delay payments for up to 26 weeks).

In order to bring a constructive dismissal claim, it must be established that the circumstances were intolerable and that they caused you to resign, forcing you to find another job. The conditions that you must show are those that the average person would consider to be intolerable – this is called the reasonable man standard.

A number of issues can cause an employee to feel forced to resign, such as discrimination, sexual harassment, bullying, or work health and safety incidents, but it is unlikely that they would be able to bring a constructive dismissal claim in these instances unless there had been a significant breach of one of the main terms of their contract.

Can Constructive Dismissal Claims Be Filed After Accepting a Settlement Offer?

This breach must be a serious one, or a substantial breach of an implied term of trust and confidence. The types of behaviour that may amount to this include: threatening to sack you if you do not resign demoting you without reason refusing to allow you flexible working hours requiring you to work excessively and negatively impacting on your health ignoring concerns about your work performance or environment failing to respond to legitimate complaints of harassment, discrimination or bullying

You must be clear that your resignation was as a result of your employer’s conduct and that you did not resign for any other reasons. This is because, if you can prove that the employer’s behaviour led to you resigning in this way, you should be entitled to claim compensation for any losses incurred by you as a result of having to find a new job. This includes loss of earnings, and may also include expenses such as travel costs for interviewing for new positions.

It is essential to bring a constructive dismissal lawyer near me claim within the required time limits set out in section 240(2) of the Employment Rights Act 1996. Failure to do so could lead to a reduction in your compensation award. The tribunal will take into account any delay in bringing the claim when considering the final amount that you should receive. You can contact our expert employment law team at Truth Legal for more information on constructive dismissal claims and advice on resolving workplace disputes. We offer a free telephone consultation and can also help with the preparation of a grievance or notice of dispute.

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