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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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If i accept demotion and then give in my notice and take to

Resolved Question:

If i accept demotion and then give in my notice and take to tribunal on constructive dismissal. will this be seen as admitting guilt on the charges of disciplinary
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, constructive dismissal is when you accept a breach of contract by the employer and resign in response to it. So you would not be admitting the charges. However, I would say it is better to get dismissed and claim unfair dismissal, rather than resign and claim constructive dismissal. That is because in an unfair dismissal claim it is for the employer to prove that the dismissal was fair, whereas in a constructive dismissal claim it is for you to prove that there were sufficient reasons to resign. So all the work is left to you, whereas in an unfair dismissal claim all the work is left for the employer. Therefore, in this case, assuming you do not want to accept the demotion and continue working there, you may wish to reject that and be dismissed, then making your unfair dismissal claim. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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