Constructive Dismissal Definition
A constructive dismissal is a termination of employment where the employer has created intolerable working conditions, leaving the employee no reasonable alternative but to quit. A constructive dismissal may be grounds for a wrongful termination claim. It is important to understand what makes a constructive dismissal so you can recognize when it has occurred and take appropriate action.
It is essential to thoroughly understand the concept of constructive dismissal in order to safeguard your employment rights. An employment lawyer can help you to understand the law surrounding constructive dismissal and determine if your employer has committed a breach. It is also advisable to document any incidents that you think could be constructive dismissal, as this will help to prove your case in the event of a lawsuit.
Essentially, a constructive dismissal is a breach of the implied terms of contract. Employment law implies into all contracts of employment a common-law set of terms and conditions that are considered to be an essential element of the employment relationship, even if no written contract has been signed by the parties. These essential terms include, but are not limited to, wages and job security.
For example, if your employer reduces your salary without justification or unilaterally alters your job duties or responsibilities in a way that fundamentally changes your employment relationship with the company, you may have been constructively dismissed. The same goes for demotions, firings, harassment or discrimination, and being passed over for promotions. It is important to recognize when your employer is creating intolerable work conditions and to know the right steps to take in these situations.
Constructive Dismissal Definition
If you decide to leave your job as a result of a constructive dismissal, it is important that you do so immediately and without delay. This is because if you wait too long to quit your job, the employer may argue that you have accepted the new working conditions and that you have not been dismissed. You should also be sure that you file a claim for wrongful dismissal as soon as possible after your resignation.
An experienced employment lawyer can help you determine whether you have been subject to a constructive dismissal and can guide you through the process of filing a wrongful dismissal claim. A wrongful dismissal claim can lead to compensation for lost wages, damages for distress, and loss of opportunities. It can also lead to reinstatement of your unemployment benefits or a deferment of your job seeker’s allowance.
In most cases of constructive dismissal, the employer has committed a serious breach of the employment contract and the employee has no choice but to resign in consequence of this conduct. It is crucial to speak with an employment lawyer early on in the process to ensure that you understand your rights and can take the proper actions if you suspect constructive dismissal. An attorney will also be able to help you to document your case and provide you with advice as to the best course of action for your particular situation.