One ITL, the Chambers of Marion Smullen, are delighted to announce that with effect from 1st January 2017 we will be merging with the Chambers of William Mousley QC at 2 Kings Bench Walk.

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Constructive Dismissal

Constructive dismissal arises where due to the conduct of an employer, an employee feels unable to remain in their employment.

A constructive dismissal claim can be made as a result of one serious breach, or a series of smaller incidents that together amount to a fundamental breach of contract. Before resigning from their employment, employees are encouraged to make a formal grievance.

In short, to succeed in a constructive dismissal claim, it needs to be demonstrated that there has been a fundamental breach of the employment contract and that due to the same the employee has had no option but to resign. With that in mind, the resignation must not be for some unconnected reason and arguably the resignation must be timely in respect of the breach.

Our team of expert practitioners at 1ITL are instructed in both ET and EAT cases pertaining to unfair dismissal on behalf of both claimants and defendants. Counsel can be retained at an early stage to asses merits, including advising on damages, and to settle any necessary paperwork.

Members of Chambers area also able to prevent lectures and training to companies in respect of handling disciplinary, grievances and dismissals.

We accept instructions from solicitors, public bodies and via public access.

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