How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48194
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I think my employer is attempting constructive dismissal

Resolved Question:

I think my employer is attempting constructive dismissal
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail and also confirm how long you have worked there for?

Customer:

HI,

Customer:

I have worked there for 18 months, I am a receptionist in a hotel and I was offered to work in the events office as someone left and there was no cover and I had prior experience. I had one week of annual leave and on my return I was advised that I was not good enough and returned to my original post without explanantion, an inexperienced colleague was given the post and has since made a number of errors and nothing has been done. Also a number of times in the last week I was late 3 times, this was due to my 2 year old son being ill. I was not more than 10 minutes late on any occasion and I always work late than my finish time anyway, yet I have now been informed the general manager, who spoke to the operations manager, who spoke to my line manager, who then spoke to me has said if this continues I shall be made an example of (of how I do not know).

Customer:

Other employees have come into work, hung-over /still under the influence and no action is taken and I feel I had a justifiable reason and I have not even been given a chance to explain why I am late.

Ben Jones :

Hi sorry my connection dropped earlier. Unfortunately you are not able to make a claim for constructive dismissal if you are forced out of your job in the circumstances. That is because you need at least 2 years' service to do this, which you do not have. Effectively it means that an employed can bully an employee or treat them unfairly within their first 2 years of employment and the employee would not be in a position to challenge that if they are forced out as a result. It may indeed seem unfair but I am afraid it is the current law. You are still able to raise a formal grievance if you wish to do so but would not be able to take this to an employment tribunal

Customer:

Oh dear, I thought on the government website I thought I read it was 1 year employment required, have I mis-understood then?

Ben Jones :

it used to be 1 year, but it changed a couple of years ago

Ben Jones :

it is now 2 years

Customer:

Ok, do you think raising a grievance would be an appropriate course of action or do you think I should just accept the circumstance for now?

Ben Jones :

you have nothing to lose to be honest so you can at least try and resolve the issues that way

Customer:

Right, can I just ask, had I been employed for 2+ years would this count? Its not necessarily that I want to claim, I just want to make sure I understand my situation, when I speak to the Management.

Ben Jones :

What do you mean by 'would this count' please?

Customer:

Had I been employed for 2+ years would this count as constructive dismissal?

Ben Jones :

yes that is likely as it occurs when the following two elements are present:



  • Serious breach of contract by the employer; and

  • An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.


A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

Customer:

Thank you very much! have a good evening.

Ben Jones :

you are welcome, all the best

Ben Jones and other Employment Law Specialists are ready to help you