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Constructive dismissal

An employer’s conduct can force an employee to leave

An employer threatened with a claim for constructive unfair dismissal should take legal advice.

Constructive dismissal occurs when the employee terminates employment. However, it can be said that the real reason for the termination was a fundamental breach of the contract of employment on the part of the employer.

An employer threatened with a claim for constructive unfair dismissal should take legal advice. The issue will be whether the employee was in fact forced to leave employment due to the employer’s conduct. What amounts to a fundamental breach of contract will depend upon the facts of the case and it is possible that a series of events, followed by a last straw event (which may not in itself constitute a fundamental breach of contract) is sufficient to justify the employee leaving. 

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