Constructive Dismissal
This is where the employee leaves their job due to the employer’s behaviour. For example, the employer has made the employee’s life very difficult and the employee feels that they cannot remain in their job. When this happens the employee’s resignation is treated as an actual dismissal by the employer, so the employee can claim Unfair Dismissal.
In order for a resignation to amount to a constructive dismissal the employee must show: 1. That the employer breached the contract of employment. 2. That the breach was a fundamental breach of contract. 3. That the employee left for that reason. 4 That the employee did not agree to the breach by delay.
Examples of Constructive Dismissal can include:1. Not supporting employee in difficult work situations.2. Harassing or humiliating staff, particularly in front of other less senior staff.3. Victimising or targeting particular members of staff.4. Changing the employee’s job content or terms without consultation.5. Making a significant change in the employee’s job location at short notice.6. Falsely accusing an employee of misconduct such as theft or of being incapable of carrying out their job.7. Excessive demotion or disciplining of employees.
An employee can resign over one serious incident or due to the build up of a number of incidents. However, the employee must resign soon after the incident in order to be able to rely upon it. Generally the actions of the employer must be a serious breach of contract.
Constructive Unfair Dismissal
An employee who establishes being constructively dismissed only proves that they were dismissed, it does not automatically prove that the dismissal was unfair. The employee has to go on and prove that the dismissal was also unfair as in a normal unfair dismissal case.
The majority of claims in the Employment Tribunals must be brought within three months of the date of dismissal or the date of the act of discrimination complained off. That is three months less one day. It is important that you take advice as early as possible in order to safeguard your rights to bring a claim. Call today for a free telephone evaluation of your problem on 0208 795 8375 or email us your online enquiry
Contact us now for free evaluation of your problem on 0208 795 8375 or fill in our online enquiry form.
