By Handling Constructive Dismissal
Handling constructive dismissal claims can be tricky for employers. Whether you’re dealing with an employee who has made such a claim or are proactively trying to prevent a constructive dismissal, there are many things to consider. Having a thorough understanding of the concept is the first step in protecting employees’ rights and ensuring they’re not subjected to intolerable working conditions that are tantamount to a repudiation of an express or implied term of their employment contract.
A constructive dismissal claim is typically the result of a breach of an express or implied term of the employment contract that renders an employee’s working conditions intolerable and, thus, forces them to quit their job. While there are many ways an employer can breach a term of an employment contract, in order to qualify as a constructive dismissal lawyer the breach must be serious enough that it makes it impossible for the employee to continue in their job. The employee must also be able to prove that they resigned in response to the breach, not for any other reason.
Examples of a serious breach include a significant reduction in an employee’s salary, a change to the employee’s work location or a shift in their work hours. Generally, these types of actions are fairly easy to determine as a breach of contract, and an employee’s resignation will often follow a period of time during which they work ‘under protest’ to preserve their right to file a constructive dismissal claim.
Handling Constructive Dismissal Claims
Another example of a serious breach is an employer’s failure to provide adequate training for new systems or procedures during high-pressure organizational periods. For example, suppose management was introducing a new sales incentive system that was intended to motivate employees by rewarding them for meeting or exceeding sales targets. However, it was clear that new team members were not getting the necessary training and support to meet these objectives in a timely manner, and as a result, they became frustrated, exhausted and ill from their stress levels. Eventually, they found it impossible to continue to work in these conditions and, as such, resigned.
Regardless of the type of breach, an employer must take precautions to ensure that any changes do not have a negative impact on their business. They should always try to communicate with affected employees in advance and clearly explain the rationale behind any proposed change in working conditions.
Moreover, it is advisable to consult an experienced employment lawyer in the event of any workplace issues that may warrant legal action. The Truth Legal team can help you understand more about the law around these issues and provide guidance on how to handle them effectively. Get in touch today to see how we can help. We offer a free case evaluation and are happy to answer any questions you may have. You can also read our articles on the basics of workplace law and employment discrimination.