Constructive dismissal is where an employee resigns from their position and claims that their employer has committed a “repudiatory” (i.e. significant) breach of their employment contract.
The breach may be of an express contractual term, or of an implied contractual term. For example, a commonly cited reason for constructive claims is a breach of “mutual trust and confidence”, an implied term in the employee’s contract.
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Other examples of potential reasons for constructive dismissal claims include:
- Bullying and harassment;
- Unlawful deduction of wages;
- Lack of support e.g. with a grievance process;
- Breach of health and safety.
Constructive dismissal claims are often incorrectly confused with unfair dismissal claims . Although both claims require two years of continuous service to be brought, they are different in nature. With constructive dismissal, it is the employee who terminates the contract, not the employer.
The burden of proof therefore falls on the employee to show that the employer has committed a repudiatory breach of the contract of employment. We strongly recommend that employees considering a constructive dismissal claim contact a constructive dismissal lawyer and obtain legal advice before taking action.
It is also advisable that employers have expert legal representation in these instances to ensure that, where negotiations or tribunal representation is required, clear communication of the meaning of the terms of an employment contract can be given.
Contact our Constructive Dismissal Solicitors London & Maidenhead
As experts in employment law, we regularly assist clients that are experiencing difficulties in the workplace and need help in ensuring that their dispute is handled with the requisite care. Contact us to find out how we can help you.
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If you believe you have been unfairly dismissed by your employer, please contact us and one of our team of employment lawyers will offer a 15 minute no obligation consultation call where we can discuss your matter and the next steps going forward.