Constructive Dismissal in the UK
Where an employee claims constructive dismissal, UK employment tribunals must consider whether the employer committed a fundamental breach of contract. A fundamental breach of contract arises when the breach has extremely serious consequences for the injured party. An example of such a breach is where an employer constantly bullies an employee.
The tribunal must consider exactly what the employer did wrong and assess whether this was a repudiatory breach of contract. A repudiatory breach of contract is where one party commits a breach which is so serious that it gives the other party the right to end the contract and sue for damages.
Where an employee claims constructive dismissal, UK employment tribunals have to consider the following questions:
- Did the employer breach the contract, and if so, was it a repudiatory breach?
- Was the breach so serious that the decision of the employee to terminate the contract and sue for damages could be justified?
In most cases, there is not an easy or definitive answer to these questions. As constructive dismissal is a civil claim, the civil burden of proof applies. This means that where a claimant claims constructive dismissal, UK employment tribunals must consider whether the claimant has proved their case on the balance of probabilities. Coming to this decision will involve detailed analysis of evidence and legal arguments put before tribunal.
The remedies for constructive dismissal are the same as those awarded for unfair dismissal. In the majority of cases, successful claimants will receive damages.
If you would like to obtain legal advice on constructive dismissal laws in the UK, Contact Law can put you in touch with a local specialist Employment Solicitor free of charge. So, if you have any questions or would like our help in finding local Employment Solicitors please call us on 0800 1777 162 or complete the web-form above.
- Last Updated on 27/10/2011
