Constructive Dismissal

What is Constructive Dismissal?


Constructive dismissal is the term used to describe a claim whereby the employee resigns from their position in circumstances which amount to an unfair dismissal. There are 3 strands to the test for a claim of constructive dismissal which the individual must prove for the claim to succeed.

Firstly,  the employers actions, which lead to the resignation, must amount to an actual or anticipated repudiatory breach of contract. Secondly, the employee must resign in response to that breach and not for another reason. Thirdly, the employee must not wait too long from the breach to resign.

If you have questions or need advice it is advisable to get advice from qualified, specialist employment solicitors.  Please get in touch with us on 01483 303636 to discuss your situation and see how we can help.

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