Constructive Dismissal Relate to Unfair Dismissal Laws
When an employee is forced to resign their employment contract by an employer, they may be able to make a claim for constructive dismissal. This type of termination is usually considered unfair and can have a detrimental impact on an individual’s financial security, as well as their dignity, self-esteem, and source of identity. In order for an employee to successfully make a constructive dismissal claim, they must be able to demonstrate that their employer has committed a repudiatory breach of either an express or implied term in the employment contract. This article will take a look at how this type of termination can be proven and how it relates to unfair dismissal laws.
In general, employers have a duty to provide their employees with a safe and healthy work environment. Creating a toxic work environment can be a violation of this duty and cause workers to feel resentful of their job, which can lead to resignations. If you have concerns with your work environment, it is important to communicate these issues through proper channels and document all communication. If you have exhausted all internal avenues for resolving these concerns and still feel unable to tolerate your employer’s conduct, it is likely that you have experienced a constructive dismissal and should seek legal advice as soon as possible.
The most common way an employee can prove that they have suffered a constructive dismissal is to demonstrate that their employer has committed a fundamental breach of the employment contract. A fundamental breach can be any act or omission that goes to the root of the employment contract and causes an imbalance of trust and confidence between the employee and employer. The breach could be an express term, such as a reduction in salary, or an implied term, such as a duty of trust and confidence. For an employee to successfully claim constructive dismissal, the breach must be serious and it must be the final straw that breaks the camel’s back.
How Does Constructive Dismissal Relate to Unfair Dismissal Laws?
For example, suppose your manager reduces your salary by half without providing any explanation or justification. You have communicated your objections to the decision and requested clarity, but your manager refuses to offer any information. This creates intolerable working conditions for you and, because of your responsibilities such as mortgage payments, you are forced to resign your position. You can then file a wrongful termination claim against your employer for imposing intolerable work conditions.
There are several categories of reasons an employer can use to dismiss an employee, including redundancy, misconduct, capacity (being unfit for the role), and illegality. Redundancy and misconduct are covered by unfair dismissal laws, but a dismissal due to illegality is not.
In many jurisdictions, employees have legal protections against unfair treatment and can pursue claims for damages resulting from constructive dismissal, including emotional distress. However, proving emotional distress can be challenging, as it often involves subjective experiences and psychological harm. Documentation of the hostile work environment, such as emails, performance reviews, or witness statements, can strengthen the case.