The Short Guide To Constructive Dismissal
If you have left your job because of your employer’s conduct, then it may be classed as ‘constructive dismissal.’
Your employer needs to have committed a serious breach of your contract and you need to have resigned from your position in response.
Reasons for constructive dismissal
It is not enough to claim that your employer acted unreasonably. There must have been a specific breach of a contractual term that forced you to make the decision to leave.
Some typical examples are:
- Your employer refused to pay you
- Your employer allowed you to be persistently bullied and harassed
- You were subject to unreasonable changes to your working conditions – for example you were told to work in the day when your contract stipulates that you work night shifts
- You were suddenly demoted without notice or any kind of formal disciplinary process.
Claiming constructive dismissal
Any legal assistance will consider:
- Whether you left your job as soon as the new conditions were imposed. If you stayed in your role, employers may argue that you ‘accepted’ their conduct
- What the terms of the breach of contract were.
Where to get help
If you think you have a claim for constructive dismissal, there are steps you can take to get help. The most powerful form of defence is to join The Workers Union. We will be able to advise you on the legal context and provide further assistance with your case.
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