Constructive Dismissal

Mike

Mike

Gestapo
Platinum Member
Does anyone know what constitutes this? And does it apply to people whom have been in their job say 2 months?
 
Constructive dismissal is a form of dismissal. If you resign from your job because of your employer’s behaviour, it may be considered to be constructive dismissal.

You would need to show that:
Your employer has committed a serious breach of contract
You felt forced to leave because of that breach
You have not done anything to suggest that you have accepted their breach or a change in employment conditions

Possible examples of constructive dismissal:
The reason for leaving your job must be serious - there must be a fundamental breach of your contract.

Examples include:
a serious breach of your contract (eg not paying you or suddenly demoting you for no reason)
forcing you to accept unreasonable changes to your conditions of employment without your agreement (eg suddenly telling you to work in another town, or making you work night shifts when your contract is only for day work)
bullying, harassment or violence against you by work colleagues
making you work in dangerous conditions

Your employer's breach of contract may be one serious incident or the last in a series of less important incidents that are serious when taken together.
 
Last edited:
Just to add I think you can claim for constructive dissmisal no matter how long you have worked for the company.
 
Brilliant, does it cover new people though?

EDIT: just seen your 2nd post!! ta!!
 
A friend is a HR manager - has masters n stuff and he says that less than a year they can sack you with more or less no reason.
 
Best people to speak to is acas as they will arbitrate for ya, have a look on there website it is full of info
 
Never forget hr work for the company, not the employee, I'm currently engaged in a stage 3 at work. Hr ain't got a clue either way
 
Tom said:
A friend is a HR manager - has masters n stuff and he says that less than a year they can sack you with more or less no reason.
Click to expand...

yes but whilst you are in their employment they have to follow the law. You can still claim for constructive dismissal.

Its not the employer thats dismising you in this case. You are leaving of your own accord as the situation is untenable or intolerable.
 
Last edited:
Fernandez said:
yes but whilst you are in their employment they have to follow the law. You can still claim for constructive dismissal.

Its not the employer thats dismising you in this case. You are leaving of your own accord as the situation is untenable or intolerable.
Click to expand...

Oh yeah, of course, I get that. But their counter argument could be "if we wanted you out we would have just sacked you" lol. Why would they beat around the bush when they would have been well within their rights?

I dunno - unless it's a screamer, I doubt they'll have a case, personally.

Then again - what do I know, I work in marketing lol.
 
Tom said:
A friend is a HR manager - has masters n stuff and he says that less than a year they can sack you with more or less no reason.
Click to expand...

This is correct. Less than a year and you have very little ground to stand on.
 
Tom said:
Oh yeah, of course, I get that. But their counter argument could be "if we wanted you out we would have just sacked you" lol. Why would they beat around the bush when they would have been well within .
Click to expand...

But if they said that it would be constructive dismissal by virtue of them saying how they would have done it but instead used a different method to get shut. Thereby constructively dismissing you via a non constructed method in a constructive way

Don't you just love the legal system
 
What happens if you're forced to or feeling forced to leave and have been threatened with being pushed because the management consider you as a threat to their position or authority because you've got more in your head than they have and are twice as productive?

But... You've only been there a couple of months.

TU member, company unaware of that. :wink:
 
Willis said:
What happens if you're forced to or feeling forced to leave and have been threatened with being pushed because the management consider you as a threat to their position or authority because you've got more in your head than they have and are twice as productive?

But... You've only been there a couple of months.

TU member, company unaware of that. :wink:
Click to expand...

Speak to me, I shall direct for now, until I become fto
 
I think the point is being missed here. Why would a company want to make an employee who has been with them less than a year quit when they can just sack them with a cheap excuse.
 
Because their excuse is non-existent and they don't have a leg to stand on...
 
Because companies don't like to be seen as dismissers of employees, especially in these austere times

Companies want to be seen as employers, not unemployers
 
You must log in or register to reply here.
Top Bottom