Support a Constructive Dismissal Claim
In the context of employment law, constructive dismissal is an allegation by an employee that their employer has breached their contract and made working conditions intolerable, thus leaving them with no choice but to resign. As the name suggests, a claim of constructive dismissal is often difficult to prove and requires strong evidence in order to be successful. For this reason, it is vital to consult an experienced constructive dismissal lawyer at the earliest opportunity, so that they can help you determine whether or not your case has merit and work to establish a strategy to protect your rights.
The first step in a constructive dismissal claim is to identify the alleged breach of contract. Generally speaking, the breach must be fundamental and repudiatory, meaning that it goes to the core of the employment contract. Moreover, the breach must have led to the employee’s resignation and must be the sole cause of their decision to resign.
Employers have a legal duty to provide employees with reasonable notice of any changes that could impact their employment status. This includes any change that is not only likely to result in a material loss of income, but also could significantly interfere with the employee’s ability to do their job. This obligation to give adequate notice is also referred to as the reasonable period of time rule and if not met, it will be a defence in any constructive dismissal action that the employee brings.
What Evidence Is Needed to Support a Constructive Dismissal Claim?
Having solid evidence to support a claim is essential for both sides, as a constructive dismissal lawsuit can carry substantial compensation awards. As a consequence, both employers and employees must make every effort to preserve physical and factual evidence to support their claims. This can include maintaining accurate records of any conversations or emails that may have been relevant, and taking notes during and/or immediately after any meetings in which the issue is discussed.
The type of change that could constitute a breach of contract can vary from one circumstance to the next. Nevertheless, the following are some examples of what kinds of conduct might form the basis for a constructive dismissal lawyer near me:
Importantly, it must be noted that no single act or omission can constitute a fundamental breach of contract. It is often a case of cumulative conduct that reaches the required standard, such as repeated instances of poor management or failure to address an employee’s grievance.
Furthermore, any actions that occur after an employee’s resignation cannot be used to support a constructive dismissal claim. This is because the claimant can only sue for constructive dismissal if they were still employed at the time of the breach, and as such, the breach would have been remedied by the termination of their employment contract. In any event, the employee should have clearly indicated in their resignation letter that the particular conduct they were resigning from had been a fundamental breach of contract.