Constructive Dismissal Claims
Constructive dismissal occurs where an employee feels forced into resigning from a job because of their employer’s behaviour or pressure put on them. Not all situations will be enough to persuade an Employment Tribunal that constructive dismissal has occurred, however, and it is important that certain elements are present. These include being able to show that an employer has committed a serious breach of contract, that the employee has felt he or she has had no alternative but to leave their job because of this, and that they have not done anything that might infer acceptance of the new situation.
Each case is different and often very difficult to prove. The “behaviour” by the employer may be a solitary serious incident or a series of less serious matters which have significance when taken together.
For employees who consider themselves backed into such a position or who have resigned following such pressurisation, good clear advice is essential.