Constructive Dismissal

An employee who resigns because their employer has seriously breached the contract of employment may have a claim in constructive dismissal. Constructive dismissal is a type of unfair dismissal where the employee resigns rather than is dismissed.

What can amount to a constructive dismissal?

Generally there must be an incident, or a series of incidents which breach (or threaten to breach) the employee’s contract, so serious that they justify the employee resigning. The employee must promptly resign because of the breach(es).

The following are common examples of situations which may justify an employee’s resignation:

  • reduction of pay or benefits without consultation,
  • failure to deal with bullying or discriminatory behaviour
  • removal of tasks or demotion without consultation
  • acts of discrimination

Should you wish to discuss this matter please call one of our offices and ask to speak to a member of our employment team.

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