What is Constructive Dismissal?
Constructive dismissal is where your employer has fundamentally breached your contract of employment in some way. In turn, you would need to have resigned your employment as a result of such breach, and not be deemed to have accepted the breach in any way.
A delay in taking steps to claim constructive dismissal may amount to an acceptance of your employer’s breach and an affirmation of your contract, thus making a constructive dismissal claim difficult to make.
Most constructive dismissal claims will involve a breach by your employer of the implied term of mutual trust and confidence in your contract of employment. This implied term underpins all employment relationships, and you would have to show that your employer deliberately and without good reason acted in a way to destroy such trust.
Examples of a fundamental breach by an employer includes:-
- forcing a cut in salary or other benefits;
- making it untenable for you to work by reason of your employers unreasonable attitude (this has to be serious enough);
- imposing a disciplinary or performance process that is grossly unfair and disproportionate;
- changing your role or duties without good reason;
- suspending you without good reason;
- not providing you with a safe working environment;
You should always take professional advice before claiming constructive dismissal.