Have you been forced to resign from your Employment because of the conduct of your Employer? Has your Employer failed to deal with your reasonable grievances and complaints?
Were you bullied in the Workplace?
Was the treatment you experienced at work so unreasonable that you couldn’t continue to work?
Were you reasonable complaints ignored?
Did you have access to a fair impartial grievance procedure?
Did your employer change aspects of your employment without your agreement or consent?
Did your employer impose a pay cut on you without your consent?
Were you forced to resign your position because of work conditions?
If the answer to any of the above is yes, then your rights may have been breached and you could be entitled to some form of redress.
What is Constructive Dismissal?
Constructive dismissal is defined in section 1 of the Unfair Dismissal Act 1977 as:
“the termination by the employee of his contract of employment with his employer whether prior notice of the termination was or was not given to the employer in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled or it was or would have been reasonable for the employee to terminate the contract of employment without giving prior notice of the termination to the employer.”
Notice of termination is one of the fundamentals of employment law and the requirement to give notice by either the employee or the employer may only be dispensed with in very particular circumstances.
In any constructive dismissal action, the fact of dismissal is put in dispute as the employer will not accept that there was a dismissal.
The employee, who is claiming to have been constructively dismissed, bears the onus of proving that the dismissal in fact occurred, and further that it was unfair.
(In theory, if dismissal can be shown to have occurred, the burden should shift to the employer to justify the dismissal as reasonable but this is not what happens in practice.)