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Q. What can I do if I think there is a constructive dismissal claim looming?

A.

Constructive Dismissal is where an employee is forced to leave their job because of the conduct of their employer.

The employee has likely made a serious complaint and disagree with how it has been dealt with.

Constructive Dismissal claims are often linked with discrimination allegations, under one of the nine protected characteristics.

Protected characteristics is the legal term used to describe any of the following:

  • age
  • disability
  • gender reassignment
  • marriage and civil partnership
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation.

As discrimination claims in an employment tribunal have unlimited damages, we advise you to proceed with the utmost of caution.

If you are facing a situation in which an employee could bring a constructive dismissal claim against you, we recommend that you take professional advice.

Charlotte Orange
Charlotte Winder
HR Advisor
01772 600228
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