Constructive Dismissal Affect Contractual Obligations
Unless an employment contract specifically states otherwise, all employees are employed in at-will employment relationships. Consequently, employers are free to terminate their employees at any time and without cause. However, employees can still make claims against their employers for unlawful conduct in the workplace. In particular, they can make constructive dismissal claims against their employer for breaching the implied term of trust and confidence in all contracts of employment.
The term ‘constructive dismissal’ refers to a situation where an employee is forced to resign from their job due to intolerable working conditions that are caused by their employer’s behaviour. To succeed in a claim for constructive dismissal, it is necessary to prove that the intolerable working conditions have been caused by a fundamental breach of the terms of an employee’s contract.
For example, imagine your employer suddenly changes your work hours or location. This could be a valid reason to resign, as it can significantly affect your work-life balance and may require you to spend additional time and money travelling to and from work. However, your employer must be able to justify the change to the tribunal. They must provide a reasonable explanation as to why the change has been made, and show that it has a direct relationship with your intolerable working conditions.
How Does Constructive Dismissal Affect Contractual Obligations?
Furthermore, in a claim for constructive dismissal, an employee is usually required to demonstrate that the fundamental breach was a serious and significant interference with their contractual rights. This means that the breach must be substantial, and the resulting intolerable working conditions must have made it impossible for them to carry out their duties without undue stress. For this reason, it is important to seek legal advice as early as possible to understand what is considered a serious and significant breach of contract, and how this might impact your potential compensation.
Generally, you will need to leave your job immediately after claiming constructive dismissal lawyer near me to prevent your employer from arguing that you have tacitly accepted the treatment or conduct that is a breach of contract. It is also worth considering the impact of leaving your job can have on your Jobseeker’s Allowance if you do need to resign for this reason.
In addition, it is important to note that only around 5% of claims for constructive dismissal successfully win compensation in an employment tribunal. This is because it can be difficult to show that your employer’s behaviour was so serious and intolerable that you felt you were left with no choice but to resign from your job.
It is therefore vital that you consider taking the right steps to protect your rights as soon as you become aware of any issues with your employer. This will help you to avoid resigning before the actual breach occurs and potentially missing out on any compensation that you might be entitled to. To find out more about the importance of protecting your employment rights and what to do if you think you are suffering from a case of constructive dismissal, speak to one of our expert advisers.
