UNFAIR CONSTRUCTIVE DISMISSAL

Unfair Constructive Dismissal

Unfair Constructive Dismissal

Introduction

When an employee resigns from his job due to unfair treatment, it is termed as Unfair Constructive Dismissal in law. It occurs in instances, when employer's behavior become so egregious or it has become so difficult for the employee that he or she thinks of resigning from the job. The employee must show that the conduct was illegal - the company's actions amounted to a fundamental breach of contract, also known as a repudiatory breach of contract.

The exact legal consequences differ among countries, but in general leads to a constructive discharge. In UK, a claim for "wrongful dismissal" may arise.

The employee may resign by a single incident or a pattern of incidents. In general, the employee must have resigned soon after the incident.

The notion of constructive dismissal comes from the idea that (as written in the law of the United Kingdom) "The employer shall not, without reasonable cause or appropriate, to behave in a manner calculated or likely to destroy or seriously damage the trust relationship and trust between the employer and employee.”(Courtaulds Textiles Ltd v Andrew North [1979] IRLR 84, EAT).

UK law defines constructive dismissal in the Employment Rights Act 1996 section 95 (1) c.

If an employee thinks that the employer treated the employee unjustly in termination, than such a case comes under Unfair Constructive Dismissal. It is possible for an individual to go to court to file a case, if he or she thinks that any injustice has been done against the employee, and the employer did not give any proper reason to such an act. If the employee, filing a case wins, may get compensated for the damages.

According to the employment Act, 1996, the boss or the employer must provide excellent explanation and a justified reason for firing an employee. If this is not the case, the employee can go to court and get the issue resolved. The employee can file cases in conditions, when boss had no concrete reasons to fire an employee or the employer fires an employee due to sickness, labor unions or any other genuine reason on the part of the employee or the recruiter has not taken the required course of action while firing an employee. All these points highlight unfair dismissal of employee and individual can file a case against such an issue against the employer.

Constructive Dismissal is also one form of unfair dismissal. In such situation, employee feels that he is being pressurized to leave the job; the employee can leave his job due to the actions of bosses and managers. These cases include oppression, embarrassment, persecution, change of occupation condition or agreement, change of position and atmosphere in the work place.

Constructive Dismissal differs from Unfair Dismissal as the employee in Constructive Dismissal, resigns due to unfair treatment of employer. It could be a series of events that may have prompted the employee to resign from his or her position.

Dismal in accordance with Law

British law strictly regulates the rules of employers when ...