Constructive Dismissal Claims: Collating Evidence for Tribunal Success

Constructive dismissal occurs when an employee resigns in response to a fundamental breach of contract committed by their employer. Under section 95(1)(c) of the Employment Rights Act 1996, the burden rests entirely upon the employee to prove that the employer's conduct was sufficiently serious to destroy the implied term of mutual trust and confidence.

Resigning prematurely without exhausting internal grievance channels often proves fatal to a claim, as tribunals consider whether the employee affirmed the breach.

Tribunal cases hinge on contemporary written evidence. Emails, Slack messages, witness statements, and contemporaneous medical notes detailing stress symptoms provide crucial substantiation.

Lexpert Solicitors LLP advises employees and corporate employers on managing workplace disputes proportionately, aiming for sensible settlement agreements where feasible.