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Constructive Dismissal

If you're forced to quit your job because of the way you're treated, it's called constructive dismissal. Although there's no actual dismissal by the employer, the end result is the same as if you'd been sacked.

The reason for leaving your job must be serious - there must be a fundamental breach of your contract.

Examples of Constructive Dismissal can include:
1. Not supporting managers in difficult work situations.
2. Harassing or humiliating staff, particularly in front of other less senior staff.
3. Victimising or targeting particular members of staff.
4. Changing the employee's job content or terms without consultation.
5. Making a significant change in the employee's job location at short notice.
6. Falsely accusing an employee of misconduct such as theft or of being incapable of carrying out their job.
7. Excessive demotion or disciplining of employees.

An employee can resign over one serious incident or due to the build up of a number of incidents. However, the employee must resign soon after the incident in order to be able to rely upon it. The Claim must be brought within three months of the incident. In most cases you need at least a year's service before you can make a constructive dismissal claim.

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