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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 Jan 2020
Investment bank Goldman Sachs has settled a discrimination claim with a former analyst who said the company failed to make...
3 Dec 2019
Pending a review announced by chancellor Sajid Javid, reforms to the IR35 rules are due to be extended to the...
7 Nov 2019
An employment tribunal has accepted that the US government can’t be investigated for breaches of UK employment law in facilities...
5 Aug 2019
A former Tesco employee who was left in the dark about changes to her role and suspended for not accepting them was constructively and unfairly dismissed.
25 Jul 2019
With the heat set to rise into the high thirties this week, could there be legal issues as employers aim...
25 Mar 2019
A school in Wales has had its appeal dismissed in a case where a gay headteacher claimed for constructive dismissal....
15 Jan 2018
An employment tribunal has found that a former case officer at The Royal British Legion was bullied by her line...
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