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How Easy Is It To Allege Constructive Dismissal In A Bullying Claim?

Posted: Friday, 4 January 2019 @ 13:43

Some of the work which I continue to do involves primarily representing employees who are being bullied in the work place.

I have just been advising on a case where someone is being bullied and advised by a trade union not to make an allegation of constructive dismissal as it is too difficult to prove, but rather to focus solely on alleging discrimination.

From experience this can be a misguided step.

Yes, constructive dismissal can be difficult to prove but the nature of bullying cases where the individual is subject to a relentless campaign of intimidation(often subtle but pronounced and known to the victim) can be the key way to win a case.

Of course the employee needs two years service to make these kinds of allegation otherwise discrimination may be the way to go. 

From my point of view as the lawyer involved in presenting the case generally it is easier to present allegations of constructive dismissal in the context of employment than discrimination where the law is more complex.

The key to alleging constructive dismissal is to often put forward a last straw argument. (e.g over  a period abcde events occurred and event e was the final straw.)

That is my template for winning bullying cases on behalf of the victim.