Sexual Harassment in the Workplace
What is constructive dismissal?
A constructive dismissal occurs when you feel you have no other choice but to resign because of the conduct of your employer. For example, if your employer says to you “you can resign or be sacked”, it’s not a real choice. If your employer gives you this type of bogus ultimatum, it is more likely that the employment relationship will be deemed to have been terminated at the initiative of the employer, despite you handing in your resignation.
Building a case for constructive dismissal
Claims of constructive dismissal depend upon the facts of each case. Common examples include serious workplace bullying, where your employer is forcing changes to your job, or if you have made a request for flexible work that has been unfairly declined. Basically where as a consequence of the employer’s conduct you cannot continue in your job. If this is happening to you it is always preferable to get advice before you resign.
If you have been forced to resign, you may still be protected from unfair dismissal. But be quick, you only have 21 days from the date of the dismissal to commence a claim. To check if you have a valid claim please complete our questionnaire and we will contact you with a fixed fee quote.
If you resign from employment and you can show that the resignation was because of the conduct, or a course of conduct, engaged by your employee it may be considered as a constructive dismissal.
A constructive dismissal occurs when you are forced to resign from your employment due to conduct, or a course of conduct which is engaged by your employer. If this has occurred, the termination of your employment will be deemed to be brought to an end by your employers conduct, even though you initiated the resignation.
This may occur if your employer has given you an ultimatum, which is to resign or be sacked, or if you feel as if you have been left with no other choice but to resign because of their conduct.
Yes, if you wish to withdraw your resignation, then your employer may make a choice whether to continue the employment and allow you to rescind the resignation, however they are not obliged to do so. If, however, the resignation has been made ‘in the heat of the moment’, your employer will be under an obligation to take steps to determine whether you truly intended to resign.
If your employer fails to take such steps and simply accepts your resignation, then the redundancy may be rendered a constructive dismissal.
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