Constructive dismissal

This where an employee resigns because they felt that they had no choice but to resign because of something very serious the employer has done. The legal term is 'constructive unfair dismissal'

  • This could be things like regularly not being paid; being bullied; being discriminated against; their grievance not being investigated; unreasonable changes employment without agreement.
  • It could also be just one incident or a series of things.

 

Risks:

  • The biggest risk arises out of not following good employment practices and not following proper procedures.

Reality:

  • The employee must have worked for you for two years to be able to file a claim
  • Proving Constructive Dismissal is extremely hard, needs legal advice and is costly for the Employee
  • This is a low risk for most smaller organisations and very unlikely in normal circumstances

The most sensible approach is to follow good employment practice to avoid disputes and be prepared to settle this amicably where you can before it gets out of hand.

   
 LOW RISK LEVEL: Extremely hard to win these claims, most small claims never reach this stage importance high1
   

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