Constructive Dismissal Relate to Unfair Dismissal Laws
An employer can only be found to have constructively dismissed an employee if they have repudiated an essential term of the employment contract. This can be done either by significantly altering a written term of the contract or through a fundamental breach of one of the implied terms. For a constructive dismissal claim to succeed, the change or breach must be so significant that it could be considered to destroy and seriously damage the relationship of trust and confidence between an employer and an employee.
This can occur in many ways, including changing an employee’s compensation, moving them from their workplace location, or changing their job description and duties. There is no set definition of what constitutes a “significant” change and what does not. However, a substantial change will most often involve changes to an employee’s compensation or their workplace location. Other examples include:
For example, let’s say your manager reduces your salary without providing any explanation or justification. You communicate your objections to this decision and request clarity, but your manager refuses to offer any information. As a result, you decide to resign due to the intolerable working conditions that have been created by your employer. Since you can no longer sustain yourself with your reduced salary, you are unable to pay your mortgage and other bills, leaving you in financial distress. This would constitute a breach of your employment contract and a valid constructive dismissal claim.
How Does Constructive Dismissal Relate to Unfair Dismissal Laws?
Generally, there are two types of contracts of employment: express and implied. Express contracts of employment are usually in writing, and they contain a variety of explicit terms. In comparison, implied contracts of employment do not contain a number of explicit terms but instead consist of a series of duties and obligations that are implied by common law.
In order for an employee to be able to claim constructive dismissal lawyer, they must be able to show that the breach of their employment contract caused them to quit the work that they were a part of and thereby leave their job. It is possible to continue working at a short term ‘under protest’ following a breach by an employer, but the law will consider whether this was done in a way that affirmed the contract.
Moreover, an employee must act quickly if they intend to make a constructive dismissal claim. This is because if they wait too long to resign and make the claim, then it may be found that they were deemed to have positively affirmed their contract of employment and thus waived their rights to sue for breach.
An experienced employment lawyer can evaluate the circumstances of your case and provide guidance on how best to proceed. They can also review any communications between you and your employer and assist you in gathering evidence such as emails, text messages, or voicemails. By retaining an employment lawyer, you can ensure that your rights are protected and that you are fully compensated for your loss of income and stress.
