One of the primary areas of the Employment Law is constructive dismissal, which is also recognized as constructive discharge. Such a dismissal occurs in a scenario where the employee quits their position within an organisation due to unlawful actions on the employer’s part. It is generally something that leads to a breach of contract between employer and employee. To effectively reach an amicable solution, a solicitor’s help may be sought. That being said, there are numerous solicitors assisting with constructive dismissal in Chelmsford.
There comes across a situation or circumstance that has occurred on the employer’s part, which has caused the rights of the employee to be violated, thereby causing the employee to resign or quit from their position within a company. Post occurrence of such a breach of contract, the employee has the exclusive right to effectively file a claim against their employer. This is where the help of a solicitor is needed.
Some of the examples of constructive dismissal are mentioned below.
· Changing the work hours of the employee without prior notice
· Failure to pay an employee his or her monthly wages
· Not allowing the employee to work
· Sexual harassment
· Unethical business practices
· Placing an employee on probation, without following company policies
· Hiring some other person in the position of the employee without prior notice
· Accusing an employee of being a thief
The employee needs to submit concrete evidence to demonstrate that the employer has carried out certain actions to compel the employee to resign. In a majority of cases, a Constructive Dismissal ends up being judged as an Unfair or Wrongful dismissal, especially when the reasons are sexual harassment or refusal to pay the salary on time.
Every employee has certain fundamental rights with regard to their employment. Simultaneously, if a certain employee has an intention to file a claim against a particular employer, there are certain steps that need to be undertaken to make sure the claim is valid. This is where the help of a solicitor in Chelmsford is indispensable.
· The employee must refuse to accept the breach of contract. It is not essential to inform the employer of the refusal. The employee must have put in his or her papers after a particular incident.
· The employee needs to provide valid evidence with regard to breach of contract. An apt example of this includes evidence of unpaid salary, such as demonstrating pay periods, but lacking pay-checks for the amount of time devoted to working. This can also be proven by time cards.
· The next step involves filing a written claim with the active assistance of an employment law solicitor. Mediators may also be used in the event of constructive dismissals as well.
· The task of filing a constructive lawsuit against your employer may be daunting. However, with the help of solicitors, the process of upholding the rights of the employees in Chelmsford becomes simpler. Solicitors are competent enough with regard to moving the claim through the courts to achieve desirable results.
· Each constructive dismissal case will rely on its own evidence. Hence, it is essential to have all the requisite evidence and paperwork ready for court proceedings.
When it comes to solicitors assisting with constructive dismissal in Chelmsford, there are many excellent solicitors to meet your needs and requirements.