Constructive Dismissal

Constructive Dismissal

Audrey Spencer, solicitor at Humphries Kirk, explains what constitutes Constructive Dismissal:

A constructive dismissal occurs where the employer does not dismiss the employee, but the employee resigns and can show that they were entitled to do so by virtue of the employer’s conduct.

For example, where the employee resigns in response to a breach of an express or an implied term of the contract, e.g. a breach of the implied term of trust and confidence, there may be a constructive dismissal claim.

If you or your business requires advice on employment law, please contact your local Humphries Kirk branch for advice.