A constructive dismissal occurs if an employee resigns when their employer has breached important terms of their employment contract, or employment law in general, being treated as an unfair dismissal.
Constructive dismissal claims can often be hard for employers to prove and what constitutes a repudiatory breach of contract by the employer in any given scenario is not straightforward. However employees have successfully argued that a breach of the duty of trust and confidence can be sufficient.
If a tribunal has held that an employee has been constructively dismissed, it will assess the loss for which the employer is responsible and order payment of damages to the employee.
Our constructive dismissal advice for employers
Constructive dismissal is an area of employment law that we are frequently asked about. To ensure we meet the needs of each employer and their unique situation we provide bespoke advice on not only how to deal with constructive dismissal claims, but how to prevent them in the first place. Our advice on constructive dismissals includes:
- Wrongful dismissal (breach of contract)
- Unfair constructive dismissal
- Defending a claim
- Tribunal procedure
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