Elements of Constructive Dismissal
Navigating the labyrinth of employment law can be intimidating for anyone, but it is especially difficult for employees who are concerned about being unfairly dismissed. In a case where an employee feels coerced to quit their job, they may be entitled to claim constructive dismissal. This is a form of wrongful termination that can be based on a wide range of different factors, including changes to important work duties, reduction of salary or hours, demotion without cause, or workplace bullying and harassment.
In order to make a constructive dismissal claim, an employee must first establish that their employer’s actions or failure to act created intolerable working conditions. The next step is to prove that their employer either knew about these intolerable conditions or should have known. For example, if an employer fails to provide adequate training during a transition period after a merger and the employee’s mistakes lead to increased scrutiny from management, this could be considered intolerable working conditions. In addition, if an employer changes their schedule without warning and requires the employee to travel far from home, this can also create intolerable working conditions.
Finally, the employee must demonstrate that these intolerable conditions made it impossible for them to continue their employment. This includes not only the negative effects of the intolerable conditions, but also the additional financial and professional consequences resulting from their inability to work, such as the cost of travelling or living away from home.
Elements of Constructive Dismissal
An important factor to consider in a constructive dismissal claim is the length of time between the initial unacceptable conduct and the employee lodging a formal complaint or handing in their resignation. For this reason, it is essential that employers proactively implement robust grievance procedures and policies that address issues like workplace bullying and harassment, so any problems are quickly identified and addressed before they can escalate into legal claims.
As well as protecting employees from being unfairly dismissed, these measures can help employers to avoid claims of constructive dismissal themselves. An employer that has a thorough, clear and transparent grievance procedure in place and provides up to date information on employment contracts and labour laws, will be more likely to be seen as a fair and reasonable employer when dealing with complaints or claims.
If you believe that you have been unfairly dismissed, or have concerns about the way your employer treats their staff, contact an experienced employment lawyer for advice on your rights and options. Taking action early on can help you to receive fair treatment in your workplace, and to protect your future job opportunities. If you are not able to resolve the issue with your employer, they can be held liable for illegal discrimination or retaliation, breach of contract, or worker safety breaches. This can have a long-term impact on your career, so it’s worth speaking to an expert as soon as possible.