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What is a constructive dismissal?

A resignation may have an ominous tone to it if it refers to constructive dismissal.

A constructive dismissal is a resignation which is claimed to be a dismissal by an employee because the employee is claiming that there was no option but to resign due to an irreparable breakdown of the employment relationship. This can be caused either by a single act by the employer or several actions over time culminating in a ‘final straw’.

Not every attempt to argue constructive dismissal by an employee will succeed.

Our employment team can assist you in managing a potentially difficult constructive dismissal situation and arm you with the best strategy for dealing with such claims.

If an employee delays in resigning and claiming constructive dismissal, this could prejudice their position. Similarly, not every action by an employer will amount to a breach of the employment contract which is an essential element of a constructive dismissal claim.

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