Constructive Dismissal a Breach of Employment Law
When an employee is forced to leave their job involuntarily due to intolerable working conditions, it may be considered a breach of employment law. However, proving this can be challenging. This is because the actions that lead to constructive dismissal often occur over a period of time, and do not necessarily appear severe or intolerable in isolation. Nonetheless, it is important for workers to protect their rights by being vigilant and understanding how to recognize the signs of a potential breach of employment law in the workplace.
Firstly, an employer’s conduct must be serious enough to amount to a fundamental breach of an implied term of the employment contract. This is distinct from changes to an explicit term of the contract, which could include a change in job duties, pay, working conditions or other factors that are core to an employee’s role.
Ultimately, whether constructive dismissal due to a hostile work environment has occurred depends on the specific facts of each case. Seeking legal counsel to assess the viability of a claim and navigate the complexities of employment law is advisable for individuals facing such circumstances.
Tribunals consider a range of factors when assessing whether an employer’s conduct meets this threshold, including the duration of the breach, the impact of the breach on the employee and their ability to continue their employment, and whether the breach was caused by a specific incident or a pattern of behaviour. For instance, a single action or omission by an employer will not normally be sufficient to constitute a breach of an implied term, but a series of incidents over time may constitute a substantial breach.
Is Constructive Dismissal a Breach of Employment Law?
Additionally, it is important for employees to document and communicate their concerns to their employer in the event of a breach. It is also important to be able to demonstrate that an employee has attempted to resolve the issue before resigning in order to support their claim that they were constructively dismissed. This includes contacting superiors or HR, submitting complaints to official channels and seeking legal advice. Documenting this communication can help strengthen an employee’s case in court if a tribunal is required to adjudicate a complaint.
In addition to demonstrating that an employee has attempted to resolve the issue prior to resigning, it is also important for employees to mitigate their damages by leaving their job on good terms. This can include taking steps to find another job, which can provide proof that an employee was not simply resigning for financial reasons or because they had no other option.
For employees who experience a breach of employment law, it is crucial to understand their rights and protect themselves in the workplace. It is also important to be aware that a breach of contract can have serious long-term consequences, and that it is essential to seek legal advice as early as possible. This can not only help ensure that an employee’s rights are protected, but can also help them recover any damages they may be entitled to receive. For more information about the different types of employment law disputes that can arise in the workplace, contact our dedicated team of employment lawyers today. We offer a free consultation for all clients.