Areas covered and explained
Constructive Dismissal
In certain circumstances an employer’s treatment of an employee can amount to constructive dismissal. If this threshold is met it allows an employee to resign without notice. The employee must have more than 1 year's service to qualify to bring a claim for constructive dismissal.
Another way of putting this is that in certain circumstances the employer’s behaviour amounts to a fundamental breach of the contract of employment. In every contract of employment the law reads in an implied term of mutual trust and confidence. This means that both the employee and employer must behave reasonably and fairly when dealing with each other. However, if the employee accepts this behaviour and through words or conduct could be said to affirm the breach of the implied term, then the employee cannot fairly complain afterwards.
The employee must raise a “grievance” complaining about an employer’s actions and allow 28 days to the employer to conduct an internal grievance process before a constructive dismissal claim can be brought at an employment tribunal.
A limitation period of 3 months runs for any claim to an employment tribunal. There is an exception if the grievance process is still ongoing when the first 3 month time limit expires.