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A “constructive dismissal” occurs where an employee resigns in response to his or her employer's breach of contract. This is deemed to be a dismissal, even though the employee has resigned and not been directly dismissed by the employer.
For example, where an employee is forced to resign because the employer has unilaterally reduced pay or in response to bullying, the employee might claim to have been constructively dismissed. An employee who considers that he or she has been constructively dismissed could bring a claim for unfair dismissal in the employment tribunal against the employer.
5 Aug 2016
Ed Stacey examines whether employees can be forced to work in Brazil in light of the Zika virus
26 Jul 2016
The High Court held that the presence of commercial exit discussions between a football club and an assistant manager during...
7 Jun 2016
Former Chelsea FC team doctor Eva Carneiro has settled her employment tribunal claim against the club and Jose Mourinho for...
22 Feb 2016
An employment tribunal has awarded more than £830,000 to an NHS HR director who was constructively dismissed and harassed after...
6 Jan 2016
While employment tribunal fees have drastically reduced the number of cases and typical awards for claimants are generally four-figure sums,...
30 Oct 2015
Eva Carneiro is bringing an employment tribunal claim against Chelsea FC...
3 Aug 2015
An HR director in the NHS was constructively dismissed...
23 Jun 2015
ON-DEMAND | When it comes to dismissing an employee, even the most experienced HR professional can struggle. Unfair dismissal law remains extremely complex and getting it wrong can be expensive.
18 Jun 2015
The ongoing threat of Ebola and terrorist attacks on journalists in the Middle East bring into focus the issues employers...
5 May 2015
An employment tribunal has awarded compensation to the former employees of a BT subsidiary for the failure to carry out...
13 Apr 2015
An employment tribunal award of £3.1 million has been given to a former banker who was forced out of her...
16 Mar 2015
An employment tribunal has rejected the age discrimination claims brought by two former cricket umpires, who were removed from their...
9 Mar 2015
An employment tribunal has held that a manager was constructively dismissed after he was forced to dress up as Father...
27 Feb 2015
Personality clashes are the third most common cause of workplace conflict, according to an XpertHR survey. In what circumstances can...