Constructive dismissal

Where an employee resigns and alleges that they were entitled to act in such a way as a result of the conduct of the employer.

The concept of constructive dismissal is an attempt to bring some degree of certainty to the question of whether a contract of employment has been terminated.

 

Constructive dismissal arises where an employee resigns from their position and alleges that they were entitled to act in such a way and consider their employment at an end as a result of the conduct of the employer. In order that there is some sense of fairness and consistency the matter of conduct amounts to and justifies constructive dismissal is a matter for a tribunal to consider.

 

In general terms the conduct must be significant and substantial and effectively represent a breach going to the root of the contract. However it should not be assumed that just because constructive dismissal is established that it follows that such dismissal was unfair – unfair dismissal is a separate issue and must be still be shown.

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