Protecting Employees from Unfair Treatment & Toxic Work Environments
What is Constructive Dismissal?
Constructive dismissal occurs when an employee is forced to resign due to their employer’s fundamental breach of contract. Instead of being formally dismissed, the employee leaves their job because the employer’s conduct has made it impossible to continue working. If an employer has created a hostile, unbearable, or intolerable work environment, an employee may have legal grounds to claim constructive dismissal.
At Sahin Legal Consultancy, we provide specialist legal guidance to employees facing toxic workplace conditions, harassment, discrimination, or contract breaches. Whether you need advice on how to document mistreatment, negotiate an exit package, or pursue legal action, we offer expert support to protect your rights and secure fair compensation.
How Do You Prove Constructive Dismissal?
To successfully claim constructive dismissal, you must demonstrate that:
✔ Your employer has seriously breached your employment contract.
✔ The breach was significant enough to justify your resignation.
✔ You resigned in direct response to the breach (not months later).
✔ You did not affirm the breach by continuing to work under the same conditions.
📌 Example: Your employer repeatedly fails to pay your salary on time, despite warnings. This is a fundamental breach of contract, giving you legal grounds to resign and claim constructive dismissal.
Common Grounds for Constructive Dismissal Claims
✔ Unilateral Pay Cuts or Changes in Employment Terms – Employers cannot reduce your salary or change fundamental terms without consent.
✔ Workplace Bullying or Harassment – If an employer fails to address harassment, discrimination, or intimidation, employees may have a case.
✔ Demotion Without Justification – Unfairly removing responsibilities or altering job roles can be a breach of contract.
✔ Unreasonable Disciplinary Actions – False accusations or unwarranted disciplinary action may be grounds for a claim.
✔ Health & Safety Violations – If your workplace poses a serious risk to health, and your employer refuses to fix it, you may have a case.
✔ Forced Resignation Through Pressure or Threats – Employers forcing employees to quit instead of formally dismissing them can be held accountable.
📌 Example: Your employer suddenly removes key responsibilities from your role and assigns them to someone else, effectively demoting you without reason. You feel forced to resign—this could qualify as constructive dismissal.
Who We Assist
✔ Employees Facing Unfair Workplace Treatment – If you feel pushed out of your role due to unfair treatment, we can assess your case.
✔ Senior Executives & Professionals – High-level employees facing breach of contract, forced resignations, or boardroom disputes.
✔ Whistleblowers & Retaliation Victims – Employees who reported workplace misconduct and suffered adverse consequences.
✔ Workers Facing Pay Disputes or Unjust Salary Changes – If your employer has illegally reduced pay or benefits, we can assist.
✔ Employees Facing Workplace Discrimination or Harassment – We help individuals who felt forced to resign due to an intolerable work environment.
🔹 Legal Support for Constructive Dismissal Provided by an RFL
As a Registered Foreign Lawyer (RFL), I provide legal advisory and pre-litigation support for constructive dismissal claims, helping employees gather evidence, negotiate severance packages, and seek fair compensation. While certain legal actions, such as filing employment tribunal claims, require a UK-regulated solicitor, I assist in resolving disputes before litigation becomes necessary.
1️⃣ Assessing Whether You Have a Strong Constructive Dismissal Claim
✔ Evaluating contract breaches, employer misconduct, and workplace conditions.
✔ Advising on whether your employer’s behavior constitutes a serious breach of contract.
✔ Determining whether you have legal grounds to resign and claim constructive dismissal.
📌 Example: A manager is excluded from meetings, denied project involvement, and gradually phased out of decision-making. This may be an attempt to force resignation, leading to a valid constructive dismissal claim.
2️⃣ Gathering Evidence & Documenting Employer Misconduct
✔ Advising employees on how to collect emails, HR reports, performance reviews, and witness statements.
✔ Ensuring resignation letters clearly outline the reasons for leaving, linking it to employer misconduct.
✔ Helping employees avoid mistakes that could weaken their case, such as waiting too long to resign.
📌 Example: An employee facing persistent bullying wants to resign but lacks evidence. I guide them on documenting incidents, obtaining HR records, and submitting a formal complaint before resignation.
3️⃣ Negotiating Severance Packages & Settlement Agreements
✔ Assisting in securing compensation for loss of employment due to employer misconduct.
✔ Negotiating financial settlements, references, and non-disclosure agreements (NDAs).
✔ Advising on whether to accept a settlement or pursue further legal action.
📌 Example: A finance professional forced to resign is offered two months’ salary as a settlement. I negotiate a six-month severance package and a clean employment reference.
4️⃣ Alternative Dispute Resolution & Mediation
✔ Facilitating pre-litigation mediation between employees and employers.
✔ Helping employers and employees reach mutually acceptable resolutions.
✔ Reducing the need for costly and time-consuming legal proceedings.
📌 Example: A senior employee facing unfair treatment resigns and threatens to take legal action. I negotiate an amicable exit agreement, securing compensation without litigation.
🔹 Expanding Legal Support Through a Law Firm Collaboration (Reserved Legal Services)
While I assist in pre-litigation constructive dismissal support, certain legal actions require an SRA-regulated solicitor for formal representation. Through collaboration with a UK law firm, we offer full legal support in:
1️⃣ Filing an Employment Tribunal Claim (Reserved Legal Service)
✔ Preparing and filing constructive dismissal claims in an Employment Tribunal.
✔ Representing employees in hearings, cross-examinations, and appeals.
✔ Pursuing compensation for loss of earnings, emotional distress, and career damage.
📌 Example: A senior executive resigns due to ongoing harassment and unfair demotion. The law firm files an employment tribunal claim for unfair dismissal.
2️⃣ Pursuing Legal Action for Discrimination & Workplace Harassment (Reserved Legal Service)
✔ Handling legal action under the Equality Act 2010 for workplace discrimination.
✔ Representing employees who were forced to resign due to bullying, harassment, or victimization.
📌 Example: An employee resigns after being mistreated due to their disability. The law firm files a discrimination claim for constructive dismissal.
Why Choose Sahin Legal Consultancy for Constructive Dismissal Support?
✔ Specialist Pre-Litigation Advisory for Employees – Helping clients assess, document, and negotiate their claims.
✔ Mediation & Alternative Dispute Resolution – Securing amicable settlements without lengthy legal battles.
✔ Strategic Employment Law Support – Assisting in negotiating severance packages and exit agreements.
✔ Collaboration with UK Law Firms for Tribunal Claims – Ensuring full legal representation where needed.
✔ Tailored Solutions for Employees at All Levels – Assisting junior staff, senior executives, and corporate professionals.
📩 Facing unfair treatment at work? Considering resignation due to employer misconduct? Contact Sahin Legal Consultancy today for expert legal support on constructive dismissal claims.
