Constructive Dismissal

A lot of people have heard the phrase ‘constructive dismissal’ but few know what it means. It is very specific.

Generally, you have to have been employed for 2 years or more but there are exceptions.

It is not when you have a grievance. It is much more serious than that.

It arises from a breach which goes to the heart of an employment contract.

It also arises if an employer destroys ‘trust and confidence’.

It can be the nuclear option because once you resign in a constructive dismissal situation there is, generally, no going back.

You are expected not to delay in a constructive dismissal situation. A delay of even a week or so can be fatal to a claim.

Speedy advice before you consider resigning is highly recommended as is consideration of other options where available.