When an employee resigns in circumstances where they believe they are entitled to treat the contract as brought to an end by a fundamental breach of contract by the employer, it can be a constructive dismissal.
A common example of this kind of dismissal is where the trust and confidence between employer and employee is destroyed.
Abusive or discriminatory behaviour by an employer towards an employee, a serious unilateral variation of contractual terms by the employer, or conduct intended to provoke the employee’s resignation may well cause a constructive dismissal.
Usually an employee must resign without notice if they want to make a claim at an employment tribunal for constructive dismissal.
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Last Updated on March 2, 2021 by Admin