What Is a Constructive Dismissal Claim?

June 30, 2021 7:46 am

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Constructive Dismissals are often sought by employees who believe that their employer has behaved in a way that warrants dismissal. If your employer has contravened any provision of a contract of employment, or if you have been subject to a wrongfully dismissed employee, then it may well be possible for you to bring claims against them under the Employment Relations Act 1980. In this article we will consider Constructive Dismissal Claims and how they are likely to affect your entitlements to sick pay and holiday pay.  Try Employment Law Friend for help.

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Common grounds for making a constructive dismissal claims include: An actual breach of contract of employment, whether by your employer or another member of the staff, or if your employer is guilty of serious abuse of your position or of any other fundamental right of your employment, such as dismissal or violence. Further, if they fail to observe a prescribed working hour requirement, or if they fail to ensure compliance with regulations concerning dismissal, or if they are guilty of gross misconduct, you may well be able to make a claim for breach of confidence. It is important to remember that even if there is a genuine breach of a contract of employment, it does not always mean that your position will be terminated.

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Another ground for making a constructive dismissal claim is if your position is dismissed unfairly because of reasons which were within the control of your employer. Constructive dismissal claims are also often sought by employees who believe that they have been unfairly accused of any criminal act, even if the incident did not actually occur. This could include claims relating to assault, sexual abuse, theft and so on. If your employer’s reason for terminating you is based on this basis, it will be important for you to show why, in fact, the termination was unjustified and that you were not guilty of the alleged crime.