Constructive dismissal is where an employee is forced to resign because of their Employer's behaviour. The employee must prove that the behaviour was unlawful — that their employer's actions amounted to a fundamental breach of their Contract of Employment, also known as a “repudiatory breach of contract".
There are many reasons why a Claim for Constructive Dismissal may be brought against an Employer and typical breaches of contract could include:
- A serious breach of contract (e.g. failure to pay wages or sudden demotion without reason)
- Breach of working time regulations without your agreement
- Discrimination, Bullying or Harassment of an Employee on the grounds of disability; race; sex; age; sexual orientation; religion or belief
- Forcing a radical or unreasonable change in your conditions of employment without your agreement
- Forcing a change in location of the Employees place of work at short notice
- Unreasonable and excessive disciplining of an Employee
Making a Constructive Dismissal Claim
You should be aware that in most cases there are time limits for making a claim for Constructive Dismissal. In most cases, you should make your application within three months less 1 day of either the date that:
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- You resigned
- Your employment ended
- The matter your grievance is about happened