Constructive dismissal

Topic Index
Overview
Breaches of contract
Examples of unfair constructive dismissals
Resources

Overview

 

  • A constructive dismissal is when an employee resigns with or without notice in circumstances where he could have resigned without notice because of the employer's unreasonable conduct.
  • A constructive dismissal is not necessarily an unfair dismissal as the fairness or otherwise of the employer's action has to be judged by a tribunal. For example, an enforced demotion may be a fair constructive dismissal if the employee could otherwise have been fairly dismissed for gross misconduct....
     
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