Constructive dismissal - Videos

Constructive dismissal - Videos

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Constructive dismissal - Ask us a question

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Constructive dismissal - Precedents

Constructive dismissal - Precedents

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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.

[divider top=”0″] Limitation dates in constructive dismissal claims

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.

[divider top=”0″] Forms you'll need in your constructive dismissal claim

The following documents are essential in a claim for constructive dismissal.

[divider top=”0″] Preparing for your constructive dismissal claim

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:

  1. Read about the law relating to constructive dismissal and what you’ll need to prove to succeed in your claim
  2. Get some expert legal advice on the strength of your claim (either from the Citizens Advice Bureau or a specialist employment lawyer)
  3. Work out what the limitation date in your constructive dismissal claim is
  4. Gather all documents that you think are relevant to your constructive dismissal claim.
  5. Make a list of the nature and the date of the documents
  6. 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.
  7. Complete a draft Witness Statement (click on the adjacent link for a Witness Statement template)
  8. Think about who may have important information regarding the facts of your claim.
  9. Make a list of any people whom you think may be useful as witnesses
  10. Email or call the people on your “witness list” to see whether they’d be willing to give evidence in your favour
  11. 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
  12. Complete a draft Schedule of Loss (click on the link for a Schedule of Loss template)
  13. Complete the ET1 claim form
  14. Submit your ET1 claim form to the relevant Employment Tribunal before the limitation date
[divider top=”0″] Submitting your constructive dismissal claim

The best way to submit your claim to the Employment Tribunal is by email. You will need to take the following steps:

  1. Find out which Employment Tribunal you have to submit your claim to
  2. Gather all the documents that you need to submit
  3. Send your claim by email
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Find out which Employment Tribunal you have to submit your claim to
The correct Employment Tribunal is the Tribunal which covers the postcode of your (former) workplace. For example, if you work in the Houses of Parliament (for example) your postcode is SW1A 0AA. The Tribunal that covers the “SW1” postcode is the London Central Employment Tribunal. Find out what the postcode of your (former) workplace is and use the Employment Tribunal postcode list to determine which is the relevant Tribunal for your claim.
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Gather all the documents that you need to submit
You must submit the completed following documents to the Tribunal before the limitation date for your claim:
  • ET1 claim form
It’s also good practice to submit the following documents to the Tribunal with the completed ET1:
  • Schedule of loss
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Send your claim by email
Send your claim by email to the relevant Employment Tribunal, using the email addressed specified on the Employment Tribunal venues website.

You must submit your constructive dismissal claim before the limitation date (see above).

[divider top=”0″] Important dates in your claim

Diarise the following dates:

  1. Your limitation date
  2. Your Case Management Discussion (if there is one – there normally isn’t in simple constructive dismissal cases)
  3. Your Pre-Hearing Review (if there is one – this depends on the circumstances of the case)
  4. The date for the submission of your Schedule of Loss
  5. The date for the exchange of witness statements
  6. The date for the exchange of disclosure
  7. The date for your Employment Tribunal hearing
[divider top=”0″] Settling your claim
[divider top=”0″] How to deal with hearings in the Employment Tribunal
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