Constructive dismissal law


Constructive dismissal law is a topic within employment law. It is a complex, litigious area of law which often causes disputes between claimants and respondents.

In constructive dismissal law, there are a number of legal requirements that must be met in order for an employee to claim constructive dismissal. A key requirement is that the employee resigned from their post due to the conduct of their employer. If the employee actually resigned for an unconnected reason then they cannot bring a claim for constructive dismissal. A brief example can illustrate this point.

Example case:

An employee is constantly bullied by his employer. He chooses to resign from his post in order to take up a position with another company who are offering a better salary. The employee cannot claim constructive dismissal. This is because he did not leave because of his employer's conduct (the bullying); he left to take up another job.

Constructive dismissal law has undergone changes in the last decade. Prior to October 2004, an employee did not have to follow the statutory grievance procedure before bringing an unfair dismissal claim flowing from an alleged constructive dismissal. The position since October 2004 has reversed.

As alluded to above, constructive dismissal law is closely linked to unfair dismissal law. This because if someone has been constructively dismissed, there is a possibility that their dismissal may have been unfair. This is why constructive and unfair dismissal claims are usually brought together. A tribunal will hear both claims together. It is incredibly complicated and every case is different. Speaking to a specialist solicitor is vital.

If you would like to obtain legal advice and information on constructive dismissal law, Caven can put you in touch with a local specialist Employment Solicitor free of charge. So, if you have any questions or would like our help in finding local Employment Solicitors please call us on 08001 221 2299 or complete the web-form above.

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