Considering a constructive dismissal claim? Here's what's realistically involved.
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A constructive dismissal claim treats your resignation as a dismissal in the eyes of the law, so it's generally pursued through the same channels as an unfair dismissal or general protections claim, with the same kind of time pressure attached.
What's generally involved
- Establishing that your employer's conduct genuinely left you no reasonable choice but to resign.
- Lodging within the same tight window as a standard unfair dismissal claim, generally 21 days.
- The same remedies as the underlying claim, reinstatement or compensation, capped and based on your circumstances.
We won't promise you an outcome or a number before understanding your situation, and you should be cautious of anything that does. Tell us what's happened and when, timing matters here more than almost anywhere else in employment law.
Common questions
Usually treated as a form of dismissal, most often pursued as an unfair dismissal or general protections claim, depending on the reason behind what your employer did. It generally still needs to be lodged within 21 days of your resignation taking effect.
The same remedies as the underlying claim type, reinstatement or compensation for unfair dismissal, for example. There's no fixed number, and it depends heavily on your specific circumstances.
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