The Solicitor - The FindLaw UK Life, Family and Workplace Law Blog

Constructive Dismissal

Constructive Dismissal - Constructive Dismissal Solicitor

Where you feel forced to resign because of your employer's unlawful behaviour, you may be able to claim for constructive dismissal.

Constructive dismissal cases are hard to win, so you should always seek advice before leaving your job. Factors such as your employment status, the terms of your employment contract, length of service, and reasons for leaving all require consideration.

If you need legal advice on constructive dismissal, regardless of where you're located - be it in London, Manchester, Birmingham, Bristol, Leeds, Sheffield, Glasgow, Edinburgh, Cardiff, Belfast, or elsewhere - you should speak to a local solicitor who specializes in employment law.


Recently in Constructive Dismissal Category

Stella English, the winner of series six of the BBC television programme, The Apprentice, has lost her claim at employment tribunal against her employer Lord Sugar, reports The Telegraph.

Ms English, 34, sued the Labour peer for constructive dismissal after leaving her £100,000-a-year job that she landed after winning the UK version of The Apprentice.

The highly publicised case concluded a few weeks ago, but in a verdict delivered last Friday, a panel of three employment judges concluded that the claim should never have been brought and that Ms English was ill advised in pursuing the case.

A dental nurse is facing disciplinary action from the General Dental Council (GDC) after she sold her story about having an affair with her boss to a weekly magazine.

Closer magazine published the story about Paula Jackson, 46, under the headline 'My randy dentist offered me £100k to divorce my hubby'.

In the story, Ms Jackson revealed details of a nine year affair with her former boss, dentist Tariq Drabu.

Relate counsellor wins £8,000 in constructive dismissal damages

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A former counsellor at relationship support charity Relate has been awarded £8,000 in damages following an employment tribunal in Leeds.

Sandra Goad claimed the charity forced her to resign in 2009 after she was falsely accused of breaching a client's confidentiality.

DJ Richard Blackwood's mum sues Hilton for constructive dismissal

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Jamaican-born Juliette Giscombe, the mother of comedian and radio DJ Richard Blackwood, appeared before an employment tribunal in London this week claiming constructive dismissal and discrimination on the grounds of age and race against the Hilton hotel group.

Ms Giscombe, 57, of Streatham, south London, worked as a telephonist claims manager at Hilton's flagship Park Lane hotel in Mayfair. She alleges managers "bullied and patronised" her, treated her like a "skivvy", and repeatedly overlooked her for promotion in favour of younger, less experienced white workers.

Giving evidence to Central London Employment Tribunal, the mother-of-two said she repeatedly complained to the hotel's human resources department about essentially working under a "glass ceiling" but to no avail.

A former sales executive for marine supplies firm Cathelco appeared before an employment tribunal in Sheffield yesterday and alleged her boss put female staff across his knee and spanked them, encouraged women to grab his genitals at work and viewed sex toys and blow-up dolls on the internet in full view of colleagues.

Angelina Ashby, 40, from Chesterfield joined Cathelco in June 2003 and told the tribunal that Peter Smith was appointed her line manager in September 2006.

She said: "I was subjected to a continuous course of mistreatment...

Pregnancy gossip following Christmas party hook-up deemed unlawful

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You might think people at law firms would know better. Apparently not...

In a recent case before the Employment Appeal Tribunal in London, a female employee of a law firm in Suffolk claimed that gossip about her pregnancy following the firm's Christmas party in 2007 constituted sex discrimination.

The claimant, Sarah Nixon, worked at the Ipswich branch of Ross Coates Solicitors. In early December 2007 she was 33 and in a relationship with Wayne Perrin, a solicitor at the firm. She was pregnant by him, leading to the birth of their son on 7 September 2008.

By the time of the firm's Christmas party on 22 December, however, she did not know this.

She got very drunk at the party and people noticed her "flirtatiously kissing" the firm's IT manager, Ben Wright. The couple left the party together and secured a hotel room (paid for by the firm) where, according to Mr Wright, they retired and had "unprotected sex".

A bus driver accused of handing out tickets to customers and pocketing the cash has launched an employment tribunal claim for constructive dismissal against the company after a court threw out a criminal case against her.

Catherine Bates, 39, worked for Mike de Courcey Travel Ltd in Coventry until the company found a £21.60 discrepancy in her takings and reported the matter to the police.

The company said she had stolen the cash, but as it turned out someone had added up the totals from a spreadsheet incorrectly and she had actually overpaid her employer.

Prosecutors did not spot the error until the day she was due to stand trial at Coventry Crown Court last month, whereupon the judge immediately threw out the case against her.

A former council executive from the northwest of England claimed she was forced to resign as a result of bullying and harassment by councillors last week.

Jill Hunter worked as the executive and financial officer of Broughton Community Council (now Parish Council) for three years before she resigned in April.

Appearing before an employment tribunal in Carlisle, she said the main instigators of the bullying were councillors Brian Beck and Brian Lancaster, who wanted to replace her with a former parish clerk called Peter Wilson.

'Sexy nurse' comments rubbished by colleague

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Claims made by a West Midlands recruitment professional that her boss subjected her to a persistent campaign of sexual harassment, discrimination and victimisation have been rubbished by a male colleague at a Birmingham employment tribunal this week.

Earlier this month, 49-year-old mother-of-three Debbie Smith said she was forced to leave Pertemps recruitment group following a series of "humiliating" sexist remarks by the company's 61-year-old chairman Tim Watts -- including one comment when he said she looked like a "sexy nurse".

Last week, however, colleague John Smith (no relation) told the tribunal that allegations of a degrading environment for women were nonsense.

Kilmarnock FC hotel manager claims constructive dismissal

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A former hotel manager launched a claim for constructive dismissal this week claiming she was forced to quit her job because of persistent bullying from a chairman of a Scottish Premier League football club.

Janet Meldrum, 61, of Greens Road, Stevenston, resigned from Park Hotel after a string of incidents involving Kilmarnock FC chairman Michael Johnston.

The four-star hotel, which is located next door to the Killies' Rugby Park stadium, is in fact owned by the club, and Ms Meldrum says Mr Johnston was a regular visitor.

She first submitted a grievance about him in 2008 because he was "nit picking" her work and undermining her.

Commonwealth Games athlete sues employer over inadequate support

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A runner who competed for England at the Commonwealth Games in Delhi recently has commenced legal action for constructive dismissal against her former employers, claiming they reneged on offers to help her compete.

Athlete Michelle Ross-Cope, 38, from Waterhayes in Newcastle, worked as a finance assistant at Freshpack Ltd.

She finished sixth in last week's Commonwealth Games marathon, but says increased sporting success came at a price and put a huge strain on her relationship with the company.

An Edinburgh employment tribunal has ordered expenses scandal MP Jim Devine to pay his former assistant Marion Kinley £35,000 in compensation for bullying and harassment.

Ms Kinley, 47, from Glasgow, also won claims for breach of contract and unfair constructive dismissal after the tribunal ruled Mr Devine bullied and harassed her out of her job.

Traffic warden claims colleagues tampered with ticket machines

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A former traffic warden from Barnsley in South Yorkshire has claimed that his former colleagues tampered with ticket machines and ignored "grace periods" in order to issue more penalties.

Andrew Williams is suing Barnsley council for constructive dismissal. Appearing before an employment tribunal in Sheffield, he alleged that colleagues bullied him out of his job after he blew the whistle on their "fixing" ticket machines to reach parking ticket targets set by the council.

Businesswoman claims compensation over 'sexy nurse' comments

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A West Midlands recruitment professional claimed her boss subjected her to a persistent campaign of sexual harassment, discrimination and victimisation at a Birmingham employment tribunal this week.

Debbie Smith, 49, earned £90,000 a year working for Pertemps recruitment group before she was allegedly forced to leave following a series of 'humiliating' sexist remarks by the company's chairman Tim Watts.

City council orders traffic wardens to issue illegal parking tickets

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Three former traffic wardens have claimed that they resigned after council bosses instructed them to issue illegal parking tickets.

Jo Pengilley, Tony Lewis and Sylvia Watts made the claims at an employment tribunal in Taunton this week as part of their case for unfair constructive dismissal against Exeter City Council.

The trio allege their supervisor wrote to all wardens to tell them to "ignore traffic regulation orders" -- the rules that govern where people can park -- and issue tickets in areas where the signs and lines were "ambiguous or not compliant with traffic regulation orders".