What constitutes constructive dismissal

In constructive dismissal it is the employee that terminates their contract and not the employer. The employee oftens feels that there is no alternative but to leave their job, due to a number of different circumstances.

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It is also difficult to understand constructive dismissal cases, since they can have lengthy backstories, and often require working knowledge of the industry or workplace involved. When an employee is constructively ending their contract with an employer, it means that in their workplace they have found it difficult to do their job.

 

There are some reasons that often occur in constructive dismissal cases and these include:

 

The employee not being paid or not being paid correctly.

 

The employee unfairly having their salary reduced or benign demoted within the company.

 

Their  boss or peers are threatening or victimising them.

 

Working in a hazardous work environment.

 

In a way, the employee’s faith and trust in their workplace has been weakened.

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Any contract between an employer and an employee is based on mutual confidence and trust. If this confidence can be shown to have been undermined by the actions of the employer in any way: (by ignoring grievances, insulting the worker in front of their colleagues, or by abuse or swearing), then there may be an argument for constructive dismissal. Consulting with a solicitor or professional who can deal with a Constructive Dismissal Claim such as https://www.employmentlawfriend.co.uk/news/dismissal/constructive-dismissal is the best way to find out whether you have a case or not. They can talk you through the next steps along with asking you for any evidence that might be needed to support your claim.

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