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.
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We Advise On:
- wrongful dismissal (breach of contract)
- unfair constructive dismissal
- defending a claim
- tribunal procedure
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