Constructive Dismissal

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	Constructive Dismissal
	Constructive dismissal at the workplace When we talk about constructive dismissal a lot of people do not have much knowledge about it. This normally takes place when an employee terminates his or her employment because the conduct of the employer is such that it is unbearable at the workplace. It is that serious that we may even consider it as a breach of the contractual agreement between the two such that the employee is entitled to end his work. This is quite complex for a number of people to really understand. However, if your employer is putting up behaviour such that you have no choice but to leave work, then you can terminate your employment through constructive dismissal. When we talk about the breach of contract by the employer it may relate to a number of things. Some of these would include going against things written in the staff handbook, written terms and conditions among others. Aside it may also include the breach of implied terms like the duty of an employer towards its employees or even to act sensibly and with care. Under normal circumstances the constructive dismissal need not relate to just one particular event or happening. Sometimes it may happen that the bad behaviour stems from the breach of contract from several things or implied terms like what has been mentioned above. One of the common examples of extreme breach of contract would be an employer who does not even allow you or give you the opportunity to perform your duties effectively. Moreover, he usually accuses you of theft without any form of evidence to support the accusation and the harassment of other colleagues at the workplace. Sometimes, there are also reports of employers who do not offer the necessary support needed in order to carry out a task effectively. All these are clear breaches of the employment contract and an employee has the right to constructive dismissal without any strings attached. Similarly some have reported of mild forms of bad behaviour by employees like the reduction of wages without any justification, change of hours of work or the worsening of working conditions. In recent times, some of the more experienced employment solicitors have appreciated the fact that the employees that find themselves where they make a claim for a constructive dismissal are normally going through some form of medical condition. Some of these would be depression, stress or even anxiety. Therefore, there is the need to seek some form of medical advice if you ever think you are suffering from any of these conditions and make your employer aware as soon as possible. In going through the process of constructive dismissal, you must first raise a formal grievance if you are not happy with the behaviour of your employer. After you have been able to do this, your employer would follow the laid down rules by calling for a formal meeting in order to discuss the grievances. This is normally done without any delay. As much as possible ensure that you resolve the problem with your employer through negotiation by being very reasonable at the meeting. It is a well known fact that the Employment Tribunals are much more sympathetic towards those employees that have tried to mediate and settle the problem with their employee before going to the tribunal. There are some conditions that must be met before one can actually go through this process of constructive dismissal. One of such things is the fact that you should have had one year’s continuous employment with your employer. However, there is still the possibility of making the claim for this kind of dismissal if you are ever able to prove that your contract was terminated for an unfair reason. Another thing too is that you should have been of good behaviour throughout your stay with your employer. Under normal circumstances, there should not be instances where dismissal by the employer is warranted or justified. There are only about four reasons under which an employer can justifiably dismiss an employee. The first would be for illegality or the committing of a criminal offence by the employee. Another reason could be that of redundancy. If the employee’s line of work is no more yielding sales on the market, then they can be laid off. Aside this when it is found out that he or she is not capable of working on that role his contract may be terminated. For bad conduct at the workplace which may include theft or fraud, an employee may also be sacked. . .

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