Constructive Dismissal is one of the key areas of the employment law. It is also known as Constructive Discharge. Such a discharge happens in a situation where the employee quits their position within a company due to outstandingly bad actions on the part of the employer. It is characteristically something that causes a violation of contract between the employee and employer.
There is classically a condition, or situation, that has occurred on the part of the employer, which has caused the employee’s rights to be violated, therefore, causing the employee to quit or resign from their position. Once this violation of contract has happened, the employee then has the right to file a claim against the employer. Examples of Constructive Dismissal may include, but not limited to:
– Changing an employee’s hours of work without notice
– Inability to pay an employee their wages
– Refusing to let the employee work
– Placing an employee on probation without following office protocol
– Placing someone else in the employee’s position without notice
– Unlawful business practices
– Sexual Harassment
– Accusing an employee of theft
Constructive Discharge differs from Unfair Dismissal and Unlawful Dismissal in that the circumstances which caused the employee to resign suddenly might not be unfair, per se. The employee has the lumber of proof to demonstrate that the company or employer had done something to cause the resignation. In a lot of instances, a Constructive Dismissal usually ends up as an Unfair or Unlawful Discharge, as in the case of sexual persecution or refusal to pay salary.
An employee has definite privileges when it comes to their employment. At the same time, if an employee intends to file allege against the employer for any violation of contract, there are definite steps the employee needs to do in order for his/her claim to be valid.
The steps are but not limited to:
The employee has refused to accept the breach of contract. It is not necessary to tell the employer of the refusal. Actions speak for themselves. The employee must have resigned soon after the unpleasant incident or incidents.
You must have to provide a valid proof of the violation of the contract. For example: it may include proof of salary not paid, such as showing pay periods but having no paycheck issued for time worked. This can be proven by time cards.
File a claim in written with an employment law solicitors or attorney. Intermediaries are often used in the case of constructive dismissals as well.
Of course, each case will stand on its own evidence and will be decided based on that evidence. That is why it is important to have all paperwork, or proof, ready for court.