Making a claim if you’ve been forced out of your job
If you’ve been treated so unfairly by your employer, that you felt you were forced to resign, then you may have a claim for being unfairly sacked, as your employer had destroyed the basis of your working relationship. This is known as constructive dismissal.
You can bring a claim, if your employer's behaviour was in breach of something specifically dealt with in your employment contract. Or if it’s something you would assume would be part of your contract anyway – such as:
- Fair treatment.
- Mutual trust and confidence.
- That they would look after your health and safety.
If any of the above applies and you resigned in direct response, or soon afterwards, then this may well mean you have a claim for compensation for constructive dismissal.
You will not however have a claim if the employer can prove you resigned of your own accord and that you were not effectively dismissed.
You should always think carefully before resigning. We recommend that you take legal advice first.
Our £99 Ask the Legal Expert service may be ideal way to find out how the law applies to your particular circumstances. With up to 45 minutes of face to face advice it is aim is to help you decide on your next steps.