Constructive dismissal is term given when an employee resigns, with or without giving notice and maybe entitles to claim compensation due to the nature of their employer’s conduct.
Reasons for constructive dismissal:
Constructive dismissal usually occurs due to a breach of the terms of trust and confidence either in the contract of employment. Some reasons include:
- Reduction in pay or hours.
- Unreasonable changes in working environment, such as working longer hours.
- Changes in duties or status.
- Failure to address a grievance.
- Failure to address workplace discrimination. <
- Failure to ensure the employee are working in a safe environment.
- Taking away benefits from the employee which they contractually agreed to.
To successfully claim for unfair dismissal the employee should have sufficient evidence that the employer breached a contract and that the employee resigned in response to the breach. The breach may be one serious incident or several incidents which did not become serious until taken together. In most cases the employee should try to resolve the issue with the employer in the first stage. Although not always applicable or necessary, the employee should raise the case immediately or within a reasonable time as by delaying the case the employer may argue on grounds that the employee stayed as they accepted the new conduct.
Can the constructive dismissal be cured?
A breach of contract can’t be undone. If the employee asserts that the employer has violated the contract of employment and decides to resign and claim constructive dismissal the employer will not be able to remedy the claim by undoing the initial breach.