By Claim Concrete Deduction
If you have asked the question “Can I claim constructive dismissal after resigning from my job?” you have probably not been fortunate enough to work in a position where constructive dismissal is possible. Unrespective of the nature of your job (some jobs are so strict that you are left with no choice but to resign, regardless of whether you are happy with the job you are doing) or the size of your company (some businesses are so small that if you step down, even if it’s only for a few weeks, it is too short for your employer to afford even a short period of unemployment), the law requires that you must first be given a chance to prove that you are not fit to return to work. This means allowing your employer to have an opportunity to see how well you will be able to adjust to working without their assistance.
It is not enough for an employee to just quit in frustration and hope for constructive dismissal. You have to be able to show that this is a genuine problem which is going to interfere with the smooth running of the business. To do this, you may have to appeal to the employer’s HR department, or to a member of the Human Resources team. If you decide to make a claim for constructive dismissal, you will need to show why this decision was wrong, and that you will not be able to carry out the duties required of you unless you are given time to find alternative employment. In addition, you may need to show that some form of proof of this interference with the working of the workplace has been going on for a considerable length of time.
The reason you can claim constructive dismissal after resigning is that the employer has the right to ask you to look for alternative employment within a reasonable period of time after you have quit. However, the employer can only do this if they have been informed of your intention to quit early on. If they fail to do this, you can sue them under the UK Public Employment Law.
What Is the Need to Claim Concrete Deduction After Resigning?
Before embarking on a case such as yours, you should get advice from a professional employment solicitor. This is important because you need to ensure that you are putting forward the correct argument for the claim that you are making. For example, if you have been working in the same place for many years, you may well be able to claim constructive dismissal simply because the employer has not made any changes to accommodate your needs. Again, this can be because of the long term culture of the company, or perhaps because the company has failed to respond to your needs. It may also be because the employer has changed the terms of employment to such an extent that you cannot continue working there.
The first step in claiming constructive dismissal is to give the employer notice of your intention to resign. This needs to be in writing, and you will have to include details of your work and the reasons why you think you have been unfairly chosen for redundancy. You should also state any disciplinary action that they have taken against you and also include medical reports and any pay slips that you have missed. In some cases you will only need one of these documents to make a claim for constructive dismissal – usually this is the case where you have been employed at a large company with many employees.
If your employer does not agree with you to put this case before an Employment Tribunal, or is not willing to consider it, you will need to look to an Employment Tribunal Judge. This can be done by sending a letter to the employer inviting them to mediation. In this case the Employment Tribunal Judge will look at the original terms of the contract and decide whether you have been unfairly chosen for redundancy. If they agree that you have this right to make a claim for constructive dismissal, they will tell you what you need to do next.