Good news for companies and employees with an interest in EMI (Enterprise Management Incentive)...
Being forced out of your job against your will because of your employer’s conduct is a breach of contract. Constructive dismissal is where your employer has committed a serious breach of contract, entitling you to resign in response to their conduct such as:
- Work-related stress;
- Bullying, victimisation or harassment;
- Refusing to make reasonable adjustments;
- Working in breach of health and safety laws; and/or
- Forcing you to accept unreasonable changes to your contract.
Many cases will be obvious, whereas others will be more of a grey area. You might have suffered one serious incident or a collection of smaller ones that are serious when combined together.
You should try and address the problem by speaking to your employer, either informally or by raising a grievance. However if the situation is so intolerable that there is no alternative but to resign, getting expert legal advice quickly is essential.
You will usually need to have been employed with your employer for at least two years to claim unfair dismissal. There are many exceptions to this rule:
- Asserting a statutory right;
- Participating in trade union activities;
- Whistleblowing; and/or
- Your dismissal was connected with health and safety concerns.
If you win your case, an Employment Tribunal can award you compensation to reflect the loss of past and future wages, as well as pension and other contractual benefits such as bonus and commission payments.
Contact one of our employment solicitors today for a free consultation to assess whether you have grounds for constructive dismissal.