The tribunal often deals with claims where the employee alleges that they have been constructively dismissed by their employer. But what is a constructive dismissal and how does it differ from an
unfair dismissal?
Published 13.02.2019
You’ve informally advised an employee that there’s a risk of redundancy at some point in the future, although this is by no means certain. Could it give them grounds to launch a constructive
dismissal claim?
Published 07.03.2012
In recent weeks, a number of MPs have been forced to resign over the part they played in the expenses scandal. If you believe an employee has acted in an appalling manner, can you demand their
immediate resignation?
Published 19.06.2009
An employee has just lost his claim for constructive dismissal at the Employment Appeal Tribunal. This was due to the “swift actions” of his senior managers. Why did they make such a difference (and,
ultimately, stop him winning)?
Published 28.08.2012
If an employer commits a serious breach of contract, the employee can resign and claim constructive dismissal. However, in order to succeed at the tribunal, must that breach be the root cause of the
employee’s resignation?
Published 19.11.2013
You know that if you fundamentally breach an employee’s contract, e.g. by cutting their pay, they can resign and claim constructive dismissal. However it’s possible that the dismissal is still fair.
How can this be?
Published 05.04.2007
You strongly suspect that an employee is up to no good, but you have no hard evidence of serious wrongdoing on their part. Can you dismiss them purely on your suspicion or would that risk an unfair
dismissal claim?
Published 04.11.2021
Following a ruling by the Employment Appeal Tribunal, it’s been suggested that employers should never write to employees who are off sick as this can entitle them to resign and claim constructive
dismissal. Is this really true?
Published 10.05.2016
What if you and a member of staff agree to part on a mutual basis? They’re under no pressure to resign and you haven’t dismissed them. Wouldn’t this be a cheap and safe option to consider?
Published 28.06.2008
An employer has been ordered to pay a former employee who resigned compensation totalling £49,000. This was all down to one fatal mistake. So what did it do that was wholly unacceptable?
Published 15.12.2014