This guide can help employees seeking to claim for compensation against unfair dismissal of services, or in cases, where they have been forced to submit resignation due to a broken relationship with the employer, which is irreconcilable.
An employee in such cases, where there is a serious breach of the terms of employment, by the employer, can make a claim, citing the reason of resignation due to breach of contract.
While making such a claim, an employee will be required to follow certain stipulations in order to make a successful claim for constructive dismissal.
Serious reasons are required to be cited for making a constructive dismissal claim, which may include:
- Nonpayment of wages or salary as agreed upon
- Being a victim of mental harassment or ill treatment by the employer
- Forced by the employer to accept changes to the terms of employment, which are unacceptable
- Any other reason showing serious breach of employment contract
While preparing to make a constructive dismissal claim, an employee will be required to go through some paraphernalia, which are complicated, thus, soliciting the need for legal help. The assistance of a solicitor will be required in order to make the claim sustainable, and to prove in the Tribunal, that there have been serious breaches of employment contract by the employer.
A solicitor can help prepare the necessary documents and submit before the court, and also to defend the client during summons.
The outcome of a successful constructive dismissal claim, may include, re-employment, at the will of the employee, or compensation. The amount of compensation awarded, is fixed by the Tribunal, subject to a certain limit, for covering the loss incurred on earnings, overtime, bonus, and also on contributions for pension.
Damages may also be awarded for sexual harassment, unlawful discrimination, or racial discrimination, which may be cause for forceful resignation by an employee.