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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.
8 Mar 2017
An employment tribunal has struck out a BBC reporter’s claim after finding that she discussed her case with a newspaper...
2 Mar 2017
Employers must tread carefully when revising a contract of employment. Joanna Sutton offers tips to avoid unfair dismissal claims or ...
16 Nov 2016
Suggestions that high-profile businesses such as banks will leave the UK because of Brexit highlight the employment law issues employers...
10 Nov 2016
Labour MP Siobhain McDonagh has suggested that thousands of M&S staff could lose their jobs in the run up to...
12 Sep 2016
In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) confirmed the privilege that applies to protected conversations cannot...
11 Aug 2016
Suspending an employee suspected of misconduct can have a serious impact on their reputation, so it shouldn’t be automatic in...
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.