If an employer makes an employee’s job untenable, they essentially force the worker to quit against their will. This is referred to as ‘constructive dismissal’. The employer could simply avoid paying, cutting, or even threatening the employee. In the event of a Constructive Dismissal Claim the company in the link can help.
The employer essentially ‘forces out’ the employee in a sufficiently serious way by doing these actions that the employee will take them to court. It’s an incredibly difficult situation to place someone in, but thankfully, injured parties can take legal action and obtain compensation.
The dismissal does not necessarily happen in the case of constructive dismissal. Instead an employer makes the workplace so bad that an employee has no choice but to leave. The boss didn’t say the terms, but they were as good as dismissing an employee.
The crucial thing to remember here is that while the worker is the one to end the contract, it is the actions of the employer that generated the need to resign, and the worker is not in the wrong place.
The Employment Rights Act 1996 defines constructive dismissal as : “The employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct.”« Back