How to submit a constructive dismissal claim[divider top=”0″] What is constructive dismissal?
A constructive dismissal may occur where an employee is forced to quit from their job because of the conduct of their employer. Find out below what you should do if you feel like you’re being forced to resign.
The “limitation date” in your claim is the last date on which you can make a claim to the Employment Tribunal for constructive dismissal. You have three months less one day from the date that you resigned from your job to make a claim for constructive dismissal. For example, if you were dismissed on 2 January 2012, you would have until 1 April 2012 to make a claim to the Employment Tribunal. If you submit your claim then it is likely that the Employment Tribunal will reject your claim unless you have a particularly good reason why the claim is being submitted late.
The following documents are essential in a claim for constructive dismissal.
- ET1 claim form – read our guide on how to complete an ET1 form
- Schedule of loss template – read our guide on how to complete a schedule of loss
- List of disclosure template – read our guide on how to complete your list of disclosure
- Witness statement template – read our guide on how to write a witness statement
The best thing to do in any Employment Tribunal claim (including constructive dismissal) is to “front load” all the information and documents that you’ll need to submit and (hopefully) succeed with your claim. You will therefore need to do the following:
- Read about the law relating to constructive dismissal and what you’ll need to prove to succeed in your claim
- Get some expert legal advice on the strength of your claim (either from the Citizens Advice Bureau or a specialist employment lawyer)
- Work out what the limitation date in your constructive dismissal claim is
- Gather all documents that you think are relevant to your constructive dismissal claim.
- Make a list of the nature and the date of the documents
- Write down everything that’s happened to you in chronological order. Do this as quickly and as thoroughly as possible. This is essential as memories fade quickly and to be seen as credible in the Employment Tribunal you’re going to have to be consistent when giving your statement and facing cross-examination.
- Complete a draft Witness Statement (click on the adjacent link for a Witness Statement template)
- Think about who may have important information regarding the facts of your claim.
- Make a list of any people whom you think may be useful as witnesses
- Email or call the people on your “witness list” to see whether they’d be willing to give evidence in your favour
- If the people on your “witness list” are willing to give evidence in your favour then ask them to send you a statement of what they were witness to
- Complete a draft Schedule of Loss (click on the link for a Schedule of Loss template)
- Complete the ET1 claim form
- Submit your ET1 claim form to the relevant Employment Tribunal before the limitation date
The best way to submit your claim to the Employment Tribunal is by email. You will need to take the following steps:
- Find out which Employment Tribunal you have to submit your claim to
- Gather all the documents that you need to submit
- Send your claim by email
- ET1 claim form
- Schedule of loss
You must submit your constructive dismissal claim before the limitation date (see above).
Diarise the following dates:
- Your limitation date
- Your Case Management Discussion (if there is one – there normally isn’t in simple constructive dismissal cases)
- Your Pre-Hearing Review (if there is one – this depends on the circumstances of the case)
- The date for the submission of your Schedule of Loss
- The date for the exchange of witness statements
- The date for the exchange of disclosure
- The date for your Employment Tribunal hearing