What is Constructive Dismissal?

In short Constructive Dismissal is a resignation that is deemed a dismissal and occurs when an employee is forced to resign due to a fundamental breach of the contract of employment by the employer as a result of their conduct. There must however be a significant breach, the resignation must be related to the conduct and the employee must resign quickly, otherwise, the employer may argue that by staying, the employee has accepted the conduct and treatment.

Not every breach of contract will entitle an employee to resign and claim constructive dismissal and it is important to distinguish between merely unreasonable conduct and a significant or repudiatory breach. Obviously, the concept of Constructive Dismissal raises the question: what sort of conduct by the employer entitles the employee to resign and claim unfair dismissal? Examples of Constructive Dismissal are as follows:

• Harassment
• Victimisation
• Changing one’s job content or status
• Humiliating employees
• Unwarranted demotion or disciplinary sanctions
• Unilateral variation in contract terms
• Deliberately withholding pay
• Demanding the employee undertakes a substantial transfer of location
• Suspension without pay where the contract does not allow
• Failure to provide a working environment that is reasonably suitable for the performance of duties
• Failure to investigate properly the possibility of finding alternative work for an employee is suffering from work related stress

We would need to investigate any alleged breach of contract very carefully and much will depend upon the particular facts and contract of employment. Please feel free to contact our Constructive Dismissal Solicitors for further advice based upon your own circumstances.