CONSTRUCTIVE DISMISSAL
If you are put into a position by your employer where you have no choice other than
to resign, you may have been constructively dismissed. In order to show that you have
been constructively dismissed, you need to show that:
- your employer has breached a fundamental term of your contract of
employment. Examples of this could be if your employer stops paying your
wages or reduces your holiday entitlement or where your employer fails to
provide you with a safe working environment or breaches the duty of mutual
trust and confidence it owes to you (for example by failing to deal with a
grievance properly or by belittling you in front of work colleagues or clients);
and
- you have not delayed in resigning in response to the breach; and
- you have resigned because of your employer’s conduct and not for some other
unconnected reason.
If you have been constructively dismissed, you can claim unfair dismissal (see
factsheet on unfair dismissal) and also wrongful dismissal (see factsheet on wrongful
dismissal). If you can show that you have been constructively dismissed it is likely
that your dismissal will also be unfair (subject to the usual qualifying conditions –
see
factsheet on unfair dismissal).
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