Constructive Dismissal may occur if your employer breaches your contract in a significant way (or tells you that he is planning to breach your contract) and you leave the job as a result.
You may be able to claim constructive dismissal if your employer:
Changes your roles and responsibilities without your consent
Reduces or withholds your salary without your consent
Changes your working hours and/or your place of work without your consent (where there is no term allowing this in the contract)
Demotes you without good reason and without following the proper process
Unfairly extends your probation
Insults, harrasses, embarrasses or abuses you
Refuses to investigate your complaint relating to harassment or health & safety in the workplace
Fails to provide a safe workplace
Gives you a disproportionate disciplinary punishment or punishes you without following the proper disciplinary process
Undermines your position as a senior employee and breaches your trust and respect
If your employer breaches your contract in any of these ways and you want to claim constructive dismissal, you have to:
Raise the issue with him and allow him to fix the breach;
Outline the breaches as the reason for you leaving in your letter of resignation; and
Resign immediately after the breach. If you delay in resigning, that might be seen as you accepting the breach and then you may not be able to say that you left the job because of that breach.
It’s a good move to get advice from a lawyer as soon as you think your employer has breached your contract so you can get proper guidance on how to take these steps.
If you have been constructively dismissed, your dismissal may have been unfair and you may be entitled to compensation.
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