Unfair Dismissal Law for Employees
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Dismissal may be ‘constructive,’ where an employee is entitled to resign because the employer has ‘repudiated’ the employment contract.
In a claim for constructive dismissal, the employee must first prove the dismissal. This involves showing that:
- The employer was in fundamental breach of the employment contract
- The breach was the reason the employee resigned; and
- The employee resigned promptly without ‘affirming’ the breach.
The first hurdle is usually the most difficult. Employers have no legal duty to act ‘reasonably.’ A constructive dismissal is almost always an unfair dismissal.
Dismissals and tribunal claims are generally stressful. Stakes, both emotional and financial, can be high. Expert advice can minimise risk and expense. As soon as you sense that you are at risk of dismissal, call us. We can help.