Constructive Dismissal

What qualifies as Constructive Dismissal?

In order for your situation to be considered as constructive dismissal, you will have a serious reason forcing you to leave your job. This often stems from a breach of contract by your employer which makes your working life impossible.

Your employer might not have paid your wages when due, or could have demoted you without reason. You might also have been forced to accept unreasonable changes to your working conditions, such as being relocated to another town suddenly or being forced to work shifts which are not specified in your contract.

Constructive dismissal relates to the behaviour of your employer. You might have been bullied or harassed in the work place, or even been subject to violent conduct. If this is the case, then staying in your job could be impossible especially if you feel threatened within your working environment. This can also extend to health and safety breaches with dangerous equipment and working practises.

This breach of contract on your employer’s behalf can be one serious incident, or it can be an accumulation of incidents that together create an impossible work environment. If this is not resolved after speaking to a manager or a superior at work, then you’ll need to follow your company grievance procedures. This can often be a prerequisite to taking legal action.

Any dismissal, including constructive dismissal, can be upsetting and traumatic, so if you feel you have a case for constructive dismissal, get in contact with us today.