Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you please give me some more information on the situation please
Hi yes I am not sure what you require
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Many thanks for your patience. If an employee is forced to resign because of their employer’s unreasonable behaviour or some breach of contract, then the main option open to them is a claim for constructive dismissal. Such claims are basically where an employer has left the employee with no other option but to resign and the employer has acted on this and left their employment as a result.
The usual requirement to make such a claim is that the employer has at least 2 years’ service with the employer. However, there are circumstances where this 2 year service requirement can be bypassed and the dismissal is automatically unfair and one of these situations is where the reason fr leaving as due to a health and safety breach by the employer. So for example, if the employer had acted in breach of H&S regulations or maybe had asked the employee to act in breach of such regulations, the employee could lose all trust in the employer and be left with no other option but to resign. Once the resignation has taken place, then the only option open to the employee is to consider making the claim for constructive dismissal in the employment tribunal. This can be done by completing and submitting the following form:
There are instructions on the right hand side of the page.
The claim must be made within 3 months of the termination of employment