Compensation For Constructive Dismissal – Who Is Entitled to Make a Claim?
Who Is Entitled to Make a Claim?
If you are a victim of constructive dismissal, you should not ignore the problem and continue to suffer. You have the right to fair notice, consistency in notice and fair treatment. Your employer should have established guidelines to ensure that the process for constructive dismissal is fair and consistent throughout the employer’s organization. Employers should also have established criteria for determining who is guilty of improper performance, or poor performance, and rewarding the person for good performance rather than punishing them for poor performance. A whistle blower should be able to make these points clear to your boss to no avail.
An example of a case where a whistle blower may be able to negotiate a constructive dismissal settlement is where an employee is unfairly dismissed. The reason for this may be the employer does not like the employees personality or for other reasons. In this situation a judge could decide the reason for the termination is justified. Constructive dismissal settlements for employees who have been unfairly dismissed without notice or holiday pay. Young woman with health problems faced financial difficulties after being unfairly discriminated at workplace. A doctor had recommended them to another doctor for better health care but her employer discriminated against her and she was finally forced to resign.
A constructive dismissal settlement can also occur when an employee is dismissed for misconduct. For example, if an employee is found to have participated in an organized crime such as theft. They will usually receive a written warning or a warning to not commit the same act again. It could also be considered harassment for the same event. This warning could last for weeks or months.
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Compensation For Constructive Dismissal – Who Is Entitled to Make a Claim?
A whistle blower can make a very convincing case for constructive dismissal claims. In some cases an employer will not admit liability and will fight tooth and nail to avoid paying damages. Even in cases where the employer tries to deny liability a court will usually make the employer accountable for the acts of their employees. If an employee has suffered any kind of discriminatory treatment this can also put you on a collision course with the Employment Tribunal.
A person can claim compensation for the unfair treatment meted out to them even if they have resigned. A court case can be brought by a worker if they have been unfairly dismissed or made redundant. A worker may well claim for harassment, discrimination and physical injury. In fact the claimant must prove that the employer’s action or failure to take action against them forms part of the reason for their resignation. For example an employer who believes they can get away with poor quality work from a particular employee might find themselves having to go to court to claim damages for poor quality work given to them by their employee.
Any employee feels they have been unfairly dismissed it is important to claim at once. If the employee feels they have been unfairly dismissed and feel they will be eligible for a constructive dismissal claim then it is best to seek legal advice early on. The employer should contact an employment solicitor, who will advise them on the procedures to follow. There is a time limit for making a claim so it is important not to delay too long. Where there is an unfair dismissal a court case can be brought to sort out the issue.
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