Recently, we have had several nursery owners contact us to find out if an employee can make a claim for constructive dismissal.
What is constructive dismissal?
Constructive dismissal is where an employee terminates their employment in response to their employer's treatment of them.
Although there has been no actual dismissal, the treatment is sufficiently bad that the employee is entitled to regard themselves as having been dismissed.
What does the employee have to prove?
To prove a constructive, unfair dismissal, they must show that:
How easy is it to show constructive dismissal?
A constructive dismissal is far more difficult to prove than employees often think.
First they must prove a fundamental (rather than minor) breach of contract by the employer.
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