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Constructive Dismissal

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Constructive Dismissal

If the behavior of a particular person present in the management cause resignation of the employee, then the dismissed person will be able to say that he was dismissed in an unfair manner and had no other alternative other than resigning from the post. The employer cannot remain distant from the condition of the employee for a long time.

A breach in the contract can happen even when the employer is behaving in a manner which is not expected of him or her. The main cause of the dismissal can be occurrence of some kind of physical abuse as well as causing a reduction in the pay of the employee. The breach in contract has to be sufficient in nature.

One cannot simply claim that there has been a breach in the contract if the company is a little late in paying the wages. A change in address of the office will also not amount to breach in contract.

You will see that some cases of constructive dismissal say that the terms present in the contract has been breached. The employer has the duty to always ensure that there exists an environment of trust as well as confidence in the workplace itself.

Window On Practice

It was in the year 1994 that an ex manager of a company won a particular case concerning with constructive kind of dismissal. Her name was Mrs. Gullyes and she won her argument that the employer had breached the term of the contract which eventually led to her resignation from the job. When she resigned from the job, she had been a branch manager at the company for about 4 years.

She is said to have achieved much success at her job too. As a result of that she was promoted to be a manager at a bigger branch of the company. However there was a lot of problem out there concerned with staff shortage. She was initially hesitant about taking the post but eventually took it up after the company said they would transfer her if any problem arose there.

She saw that the job was quite difficult right from the beginning. There was such a shortage problem that she found herself at the workplace for 76 hours a week. The small group of staff, who was there, did not help her out too much. After few months there, she took a holiday and returned to find that furthermore two of the staffs there had been transferred without her knowledge and without she being present.

During this juncture she sought a transfer for herself too but was refused by the company. Then she resigned from the job and put forward a claim concerned with constructive dismissal. Mrs Gullyes, of course won her case and argument at the tribunal as well as at EAT.

You will see that the constructive dismissal, has originated from the year 1971. The employees who have competed 2 years of service are eligible to get the job. The different cases are a little difficult for the various employees to win outright. The different employers however would find it quite easy to defend their cause. The loads of the proofs of course lie with the employees. They have everything in their hands to show that they had been forced to hand over their resignation by the company.

 

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