constructive dismissal claims
An employer can be accused of constructive dismissal if an employee feels they are forced to resign due to unreasonable or unwelcome changes to their working conditions or contract. While constructive dismissal claims are less common than wrongful termination claims, they can still have significant legal and financial consequences for the employer. In the case of a successful constructive dismissal claim, a tribunal or court will order an employer to pay compensation to the employee in the form of both basic and compensatory awards.
A claim for constructive dismissal can be difficult to prove as the burden of proof is solely on the employee, and they must demonstrate that their employer’s actions constituted a fundamental breach of their employment contract. This can include both express and implied contract terms, such as the duty to maintain trust and confidence. For a constructive dismissal claim to succeed the employee must also demonstrate that the breach was the primary reason for their resignation.
Whether an action or incident amounts to a fundamental breach of employment is decided by the court or tribunal based on its merits, as well as the impact it has had on the employee’s work environment. The courts will consider factors such as the duration of the breach, the severity of the effect and the employer’s intentions.
Can constructive dismissal claims be resolved through arbitration?
For example, if an employer significantly alters your work schedule or requires you to travel for work, this could be a breach of your contract as it would make it difficult and unpleasant for you to carry out your duties. However, minor adjustments to a job role or responsibilities can be reasonable, particularly if they are discussed and agreed to prior to the change taking place. It is also important to note that employers can only be held liable for conduct that was not in good faith and that was done with malice, rather than simply through poor management decisions or oversights.
While employers cannot control the behaviours of individual employees, they can take steps to prevent and resolve workplace disputes. This can be achieved through training and supporting managers and supervisors, and ensuring that policies are clearly communicated. Employers should also be open to hearing any concerns that employees have and ensure they are dealt with fairly.
In the event of a constructive dismissal lawyer near me, an employer should acknowledge the complaint and conduct a thorough internal investigation. This will help ensure fairness, prevent the escalation of any further issues and may reveal broader problems that need to be addressed. It is also essential that all findings are documented to avoid any potential issues in the future.
When faced with a potential constructive dismissal claim, it is important for employers to seek legal advice at the earliest opportunity. An experienced lawyer can assess the claim, determine the best strategy and mitigate risk exposure. If necessary, they can also assist with resolving the dispute through arbitration. This can avoid the time and expense of a lengthy tribunal proceeding.
