Forced Voluntary Quit
A forced resignation can be an unfair dismissal by your employer. You may have suffered a demotion, missed weeks of work or even been made redundant. If you have not been informed about this beforehand, it is important to bring it to the attention of your employment lawyer. A constructive dismissal is designed to aid employees who feel they are victimised by their employer. If you feel you have been unfairly made redundant or are at risk of being dismissed, seek the advice of a specialist Employment Law solicitor as soon as possible.
In some cases it can take weeks or months for an employee to report being made redundant. The Employment Rights Act states that an employee should be given a reasonable notice period of up to one month. The Employment Rights Act also states that an employee should not be unfairly dismissed and should be provided with a fair and accurate explanation for the reasons for the action. To file a claim under the Act an employee must first give a written statement to the employer identifying the facts of the case. A sample statement can be purchased from an Employment Rights Attorney’s office or can be prepared by you, depending on the nature of the case.
In addition to identifying the facts of the case, it will be necessary to supply certain documents to support your claim. Examples include any witnesses who have been interviewed by the employer or anyone who has had access to the employer’s property. It also may be necessary to provide a copy of a police report or any other documentation that pertains to the case. Once you have all of the required documentation, it is advisable to compare it to the police report or to get a police report from another source so as to ensure there are no discrepancies.
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Forced Voluntary Quit – Comparing It To A Constructive Voluntary Quit
Another consideration is whether you will need to lodge a claim for unfair dismissal or for constructive dismissal. This is a matter of common sense. If your complaint is about being unfairly dismissed, it is likely you will need to lodge a claim for unfair dismissal before you can begin to look for a new job. This is because the employment act states that an employee has to be engaged in work for which he or she is permanently unfit due to illness, training or accidents. If you do not engage in work for which you are permanently unfit you cannot make a valid claim for wrongful dismissal.
For a constructive dismissal you must have the written consent of the employer. You must also state that the employer was notified of the intended wrongful dismissal within forty-five days of the date of the notice. Further, you must show that the employer knew or reasonably should have known of the wrongful and intended dismissal. This could be shown by looking through any written employment manuals or handbooks that the employer used.
Finally, you will have to be able to prove that the employer failed to take reasonable steps to prevent your departure. This can be shown by looking at your performance reviews. Additionally, you will have to provide medical reports to support your claim. The employer will also have to show that they were aware of the fact that you had made complaints regarding your working conditions and this is a necessary part of the claim as well.
