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Constructive dismissal

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  • Constructive dismissal

    Can anybody give me guidelines regarding constructive dismissal and how easy or hard is it to prove.Sorry for being so vague but just putting the feelers out.Thanks JIm
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  • #2
    Re: Constructive dismissal

    Constructive Dismissal is where an employer has committed a serious breach of contract, entitling the employee to resign in response to the employer’s conduct. It is not enough to show merely that your employer has behaved unreasonably. There must be a fundamental breach of an express contractual term, or the implied term of “trust and confidence”. Furthermore, you must have left because of the breach, and you should make it clear when you resign that you regard yourself as having been “constructively dismissed”.

    You do need to be careful not to be seen to have waived any breach by your employer. This can happen where there is a long delay in lodging a grievance or resigning.

    Generally, you must have been continuously employed with the same employer for a period of 23 months and 3 weeks (and not already be under notice which expires before 2 years) in order to bring a claim. This is unless your case falls within one of the few exceptions where no minimum service is required i.e. where it relates to discrimination. You should be aware that the onus is on you to prove that your employer was in breach. This differs from unfair dismissal claims where your employer has to prove that there has been a fair dismissal
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    • #3
      Re: Constructive dismissal

      [QUOTE=Fordfocus;749308 just putting the feelers out.Thanks JIm[/QUOTE]

      Hi,

      Let me be direct.

      Constructive dismissal is a car crash solution, a final, no other option, shattering of the employment contract, "this happened and I HAD to GO!" Repudiatory breach.

      Setting up CD is wrong. And difficult. A distraction from sorting it out or leaving the unreasonable b&@ +#ds for a better job.
      In my opinion...

      Viking

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