Constructive Dismissal and Breach
In a situation where an employer’s actions cause an intolerable work environment, the employee may be able to resign and sue for constructive dismissal. However, in order for an employee to successfully claim constructive dismissal, they must be able to show that the employer’s actions were a repudiation of an essential term of their contract. This can include an express term, such as the payment of an agreed salary, or an implied term such as the duty to create a safe and respectful workplace.
Employers must give employees clear notice of the terms and conditions of their employment, and they must abide by those rules in order to keep employment law in good standing. This includes providing a written statement of the employee’s rights and duties as well as a list of any exclusions or restrictions. If the employer fails to do this, it could be a breach of contract.
The burden of proof in a constructive dismissal case is on the employee, so it is vital to document every instance of misconduct that could potentially support a claim. Whether it be emails, voicemails or texts, these documents can help prove that the employer’s actions made the work environment intolerable. They can also show attempts to resolve the issue through internal channels or a formal complaint.
In addition to documenting incidents of misconduct, it is important to make sure that you attempt to resolve the situation with your employer before considering resigning. This can be done through formal channels such as company grievance procedures or by seeking out mediation through the labour relations agency. In some cases, this can prevent the need for legal action.
Constructive Dismissal and Breach of Contract
Attempting to resolve the problem before resigning is especially important if you believe that your employer’s actions amount to a fundamental breach of contract. Depending on the situation, this could be a one-off incident or a series of minor breaches that add up to a serious violation. In fact, the Employment Appeal Tribunal ruled in Leaney v Loughborough University that a breach of contract need not be a single event – it can be a series of events or even a small number of minor breaches taken together.
If an employee can demonstrate that their working conditions have become intolerable as a result of an employer’s actions, they may be entitled to severance pay and other losses. However, it is important to note that the amount of severance pay will be determined by the court. The court will take into account all of the circumstances surrounding both the resignation and the employer’s conduct.
While it is a complex and difficult situation to deal with, there are ways for employees to protect their rights in the face of an intolerable workplace. Recognizing the signs of a potential constructive dismissal and taking appropriate action can prevent the need for legal intervention. An experienced employment lawyer can evaluate the situation and provide guidance on how to proceed.