FAQs

A constructive dismissal claim can only be brought normally if you had two years’ service when their employment ended. The compensation that can be awarded will be a “basic award” which is calculated based on your length of service, your age and your weekly pay. Also, if you are out of work for a period after your resignation, you may be entitled to a compensatory award which is awarded for losses which occurred due to the constructive dismissal, such as loss of earnings. The compensatory award is subject to a cap, which is currently 12 months pay or £115,115, whichever is the lower.

This depends on the details and complexities of your individual case. For a more accurate estimation, it is recommended that you seek legal advice.

Unfortunately, no. You must normally have at least 2 year's service as an employee for the employer in order to claim constructive dismissal. It may be possible to make a claim for wrongful dismissal but this is usually only limited to the length of the notice period. Also, there are some limited cases which require no minimum service such as discrimination or whistleblowing claims, or constructive dismissals relating to such reasons as pregnancy or asserting statutory rights. In any case, it's best to seek expert legal advice.

If you have resigned from a role after at least 2 year's service due to either breaches of contract by the employer or the creation of a hostile work environment, you may be able to claim constructive dismissal.

A construction dismissal claim must be brought to the employment tribunal within three months of the date your employment ended. However, you must first raise your claim through ACAS Early Conciliation and a period in Early Conciliation will normally extend the time-limit. However, as the time-limits are very strict and can be quite complicated, it is recommended that you seek early legal advice in each case.

You should seek legal advice immediately. The local authority can only place children in care with their parents’ consent or with a court order. We can evaluate the evidence quickly and advise you on the next steps.

Restrictive covenants are clauses in an employment contract which restrict an employee from engaging in competitive activities with their employer once their employment is terminated. They will normally restrict an employee from poaching customers or staff after they leave a business, and may even seek to prevent the employee from working for competitors.

Employers can enforce restrictive covenants through legal proceedings, which could include seeking an injunction to prevent further competitive activity in breach of the restrictions, or a claim for damages.