Constructive Dismissal

Constructive Dismissal

Constructive dismissal is a situation where an employee is either forced or feels pressure to quit their job due to unjust treatment from their employer. When someone decides to leave their job due to their employer’s behaviour then the situation may qualify as constructive dismissal. If you feel this may pertain to your situation, you will need to prove how your employer behaved inappropriately. For example, if your employer committed a breach of contract that lead to your resignation, assuming you did not accept any part of their behaviour, then you may qualify for constructive dismissal.

Keep in mind, you will have to prove that a serious breach of contract was committed by your employer. Breaches of contract can include not being paid for work performed, getting demoted for no apparent reason, sudden changes in working conditions such as working night shifts when your contract states working day shifts, and so on. Obviously, any kind of sexual harassment, verbal or physical bullying or intimidation by either your boss or other work colleagues can be legal causes for constructive dismissal.

The above points are not fully comprehensive as there may be other reasons you feel breach the contract of your employment. constructive dismissal describes almost any form of unfair or unjust pressure to quit your job. Deciding to leave your job is a big decision and one that most people do not take lightly. constructive dismissal can be caused by one major event or several smaller breaches that finally lead you to quit your job. If you are currently employed and considering the idea of leaving your job for similar reasons listed above, do your best to try and resolve any issues first, if possible.

Constructive dismissal pertains to one leaving their job however, trying to find a way to rectify the desire to leave will help you keep your job and continue earning an income. If you have a problem with your manager, try to speak to their manager. If your company has a human resources department, attempt to communicate with them on a confidential basis bringing up all your concerns sooner rather than later. Also, if you belong to a union, you can try to bring up your issues with a union representative who may be able to help resolve any issues at work. Last, but not least, you can contact the Advisory, Consiliation and Arbitration Service, also known as ACAS, if the above methods do not work.

The important thing to remember is that constructive dismissal is designed to help the employee who feels they have been unfairly dismissed or pressured into quitting their job due to unreasonable behaviour by their employer. Seeking legal advice is another option if you feel you have done all within your power to rectify any situation at work.