Constructive dismissal is when someone has resigned from their job having felt that they had no choice but to do so as a result of the behaviour or treatment by their employer.
An example of constructive dismissal is when an employer has bullied an employee persistently over a period of time. However, constructive dismissal does not have to be due to persistent bad treatment, a single event could be cause for if it was severe enough in nature.
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To claim constructive dismissal, an employee must be able to show that:
- They were mistreated in breach of the employer’s duty of trust and confidence
- That the breach was serious, resulting in the employee resigning
- That the employee resigned because of that breach
Making a claim for Constructive Dismissal
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