Constructive Dismissal Guide For Employees

The HR Digest has compiled this employee’s guide to constructive dismissal to help employees understand this concept. This guide will help them know when to seek legal advice before taking the matter to an employment tribunal.

This dismissal guide for employees was compiled to assist employees who might have faced a dismissal that was constructed or who want to know more about the topic. However, employees are advised to seek legal counsel to get a clearer perspective of what they should and shouldn’t do regarding this issue.

What is constructive dismissal?

A dismissal is said to be constructive when an employee resigns from their workplace because their employer is constantly making work difficult for them in regards to their conduct or a serious breach in their employment contract. In this case, an employer does not terminate an employee from working for them rather the employee resigns because of the difficulties they are faced with that were a result of their employer’s actions. These could occur as:

• • An employee resigning because their employer refused to pay their salary
  • An employer reduces an employee’s salary without notice
  • An employer bullying an employee. Or other colleagues bullying them
  • An employer moving an employee to a different work location without discussing it with them or giving any formal notice
  • Discrimination against an employee
  • Changing an employee’s job duties which weren’t stated in the employment contract
  • Demotion
  • Giving false performance evaluation to an employee
  • Not addressing serious matters after an employee has filed a complaint
  • Not providing a safe work environment

What makes me qualified for this dismissal claim?

To be qualified for this claim, certain requirements must be met. This include:

• • You must have worked with the supposed employer for a minimum of 2 years to file this claim.
  • You must file the claim within 3 months after your resignation date or notice.
  • You must have solid proof that can help you win the case.
  • If it is a discrimination case, you are allowed to make the dismissal claim even if you haven’t worked with the employer for 2 years.

What is the last straw?

The last straw is used to define a series of breaches by an employer to an employee. In this case, certain conducts are done frequently and the last situation causes the employee to resign. Even if the final issue isn’t as serious as expected, the employee can still file for the dismissal claim since an accumulation of all the incidents can serve as a serious breach of the employment contract.

Do I resign immediately?

Well, we would advise that you try to resolve the issue internally before resigning or taking any critical actions. You can file a complaint to your employer stating your disagreement with the sudden breach of the employment contract. A reasonable employer will prefer to sort out things before it gets out of hand. You’ll need to patiently resolve all issues and also work side by side with HR to ensure that all needs are met by both parties. They can also serve as witnesses if any change doesn’t occur.

If after you have laid formal complaints and nothing has been done or your employer isn’t ready to resolve issues, you can seek legal advice from a legal practitioner to determine what proof you will need if you decide to take the matter to court. We advise that you do this before resigning and if you intend to resign, do it as soon as possible because timing affects the success of your dismissal claim. By following the advice of the legal practitioner, you need to understand that you must have solid proof to win this case against your employer if not you’ll lose it. So ensure you do, before you take drastic measures. This proof can be in the form of emails, written complaints, and so much more. Remember that the bottom line is to prove that you resigned from your job because your employer made the situation difficult for you and you had no other choice.

We hope that this dismissal guide for employees has clarified your thoughts on the matter. We strongly suggest that you seek advice from legal practitioners in your industry as well.

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