Constructive dismissal

If you believe your employer has breached the terms of your employment contract, you may be able to claim constructive dismissal. However, you must be able to show that the breach was severe enough to render your continued employment intolerable and that the circumstances surrounding it would convince most reasonable people that you were compelled to resign as a result of the intolerable working conditions created by the employer. If you have been subjected to intolerable working conditions that led to your resignation, contact an experienced lawyer for advice on whether you can make a constructive dismissal claim against your employer.

There are many ways that your employer can be considered to have breached your employment contract, but the most common is through a fundamental change in your job duties or salary. Although what constitutes a “fundamental change” is subjective and varies depending on the circumstances, there are several common situations that could give rise to this type of claim:

Major Relocation: Forcing an employee to relocate without their agreement can be a fundamental change in working conditions that may allow you to make a constructive dismissal claim. In addition, if the reason for relocation is not stated or does not provide a compelling business case, it can also be viewed as a breach of the duty of trust and confidence.

Constructive dismissal and employment law?

Other examples of a fundamental breach include unilateral changes in your responsibilities and duties, unilateral shifts in work hours, and unilateral changes to your salary or pay. These types of unilateral changes can be seen as a significant breach of your employment contract and may lead to constructive dismissal lawyer.

In addition, you must be able to prove that the intolerable working conditions were caused by the actions or omissions of your employer. This can be difficult if your employer was simply incompetent or made a mistake. However, it is often possible to make a successful claim where the employer engaged in a pattern of misconduct or engaged in illegal activity, and the breach of the implied duty was a trigger for you to resign as a result.

Generally, in order to make a constructive dismissal claim, you must have reported the adverse working conditions to someone in authority within a reasonable time period of when they happened. In some cases, this will be a condition of your employment contract, and you must consult with an employment law attorney for guidance on how to proceed.

The main difference between wrongful termination and constructive dismissal is that in constructive discharge claims, the employee terminates the relationship, whereas in wrongful termination claims, the employer ends the relationship. That being said, there are some things your employer can do that are unwanted by you but are not a breach of your employment contract or a constructive dismissal. For example, minor adjustments to your job role or responsibilities that do not substantially alter your employment terms, or discipline that is imposed in accordance with your employer’s disciplinary policy, are usually not seen as a constructive dismissal.