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Employment Law

Constructive dismissal

A constructive dismissal occurs where an employee resigns due to a serious breach of contract by the employer and is generally treated as an unfair dismissal.

What constitutes a repudiatory breach of contract by the employer in any given scenario is not straightforward but 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.

We advise on

  • Wrongful dismissal (breach of contract)
  • Unfair constructive dismissal
  • Defending a claim
  • Tribunal procedure
  • Remedies

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