What is Constructive Dismissal?

Constructive dismissal is in short, the term used where an employee resigns in direct response to the employers conduct and breach of an important term of an employment contract. These terms can be both express and implied and as such do not necessarily need to be written down.

How can you claim constructive dismissal and what needs to be established?

If you have two continuous years of service you will be entitled to claim for constructive dismissal. This period also includes your statutory notice period.

It is however essential that, you demonstrate that you were forced to leave your job as a result your employer’s breaches and conduct. The breach may simply be one isolated act or it may be a series of incidents, which taken as a whole amounts to such conduct.

There are various factors which could be considered as serious breaches. This includes but not limited to:

1. The terms of your contract being unilaterally altered and changed
2. Any benefits / any bonuses not being paid and being withdrawn without any explanations
3. Your employer not addressing your issues or concerns
4. Your employer failing to provide a safe working environment  
5. You have been demoted without any explanation
6. You have been discriminated based on your age, race or ethnicity, marital status, sexuality, your gender, pregnancy, disability and last but not least your religion.
7. Your employer endorses workplace bulling, harassment and discrimination.