Considering a constructive dismissal claim

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Considering a constructive dismissal claim?

Was it constructive dismissal or were you a victim of ‘quiet firing’?

In the range of issues that can lead to an Employment Tribunal claim, constructive dismissals are some of the most difficult to run to a successful conclusion.

The onus falls on the claimant (you) to show that you had literally no other choice before you, but to resign. 

The legal threshold of such cases is high. To rule in your favour, the tribunal must be left in no doubt that your employer’s conduct was such a fundamental breach of your employment rights, that to leave was your only option.

So, you might not be too surprised to learn that some employers might seek to use this to their advantage, most typically to avoid redundancy payouts in a challenging financial climate.

Companies that are struggling will be looking at where they can make cost savings. Reducing staff numbers and their salary overhead is one of the fastest ways to achieve this. And, rather than face the financial burden of redundancy payouts, some may adopt ‘quiet firing’ tactics that coax staff into leaving as highlighted in this Personnel Today article.

Tactics include creating a work environment which is both unsupportive and hostile towards employees they would prefer to have off their payroll. You should look out for the telltale signs that redundancies may be on the horizon but your employer is acting in such a way as to get you to voluntarily resign, therefore avoiding the need to offer you suitable redundancy terms.

Has your employer unreasonably increased or decreased your workload or responsibilities, is your work being overly criticised or do you feel you are subject to unusually close supervision? These, alongside the withholding of bonuses, commissions, pay rises or anticipated promotion are all signs that you could be the target of quiet firing by your employer.

It’s worth knowing however that such a strategy could place your employer in hot water and put you in a good position to advance a claim at Employment Tribunal for either discrimination or constructive dismissal

If the quiet firing doesn’t work for your employer they will need to compensate you by way of a redundancy package. And after all, they are unlikely to have adopted this strategy unless they know you qualify for one.

If redundancy is likely, you will no doubt be given very little notice so use your time wisely to update your CV and investigate options of alternative employment when the time comes.

Whilst we appreciate that your position at work may be incredibly difficult under such circumstances we would always advise that you stay in post if you can bear it. 

Before quitting your job it can be hugely beneficial to seek advice from an employment lawyer. A 10 minute chat with me could help clarify your position and give you the confidence to advance a claim against your employer or ensure you get what you are due under redundancy.

If you have already quit your job and wish to advance a claim of constructive dismissal, get in touch with us now so we can advise on the best legal options for you to be properly compensated.

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