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Constructive Dismissal

Constructive dismissal is where an employer’s conduct leaves an employee feeling unable to continue working. A single serious incident or a series of less serious incidents could trigger the resignation.

If you resign from your job because your employer’s behaviour leaves you no choice, you may be able to claim for constructive dismissal.

Establishing Constructive Dismissal

Key elements include:

  • a serious breach of contract committed by your employer
  • the absence of any suggestion that you accept the breach, unless under duress
  • your feeling forced to leave because of the breach

Common causes are:

  • non-payment of wages
  • an unexplained demotion
  • unreasonable changes to your contract or conditions of employment without your consent
  • bullying, harassment or violence against you by work colleagues
  • serious breaches of health and safety law

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