We recently acted for an employer in successfully defending a claim for constructive dismissal.
The facts briefly are that the employer confronted the employee about some allegations which if proven would have likely amounted to gross misconduct. The employee went off sick for several months before resigning and making a claim for constructive dismissal. The employee alleged that the employer was aggressive and oppressive in the manner in which the employee was confronted.
Constructive dismissal occurs where the employer commits a fundamental breach of contract and the employee resigns in response to the breach. It is a key feature of a constructive dismissal claim that the employee must not affirm the contract and waive the breach of contract. This means that an employee wishing to claim constructive dismissal should resign immediately and any delay could be detrimental to the claim.
In this case the determined that the employee had affirmed the contract by not resigning immediately and consequently the constructive dismissal claim failed.
Hastings & Co Solicitors are based in Chelmsford and Maldon and specialise in Employment Law. For further information contact Liam Hastings on 01621 876 031 or email email@example.com.
Disclaimer: this blog only gives a brief overview of the law and is not intended as a substitute for legal advice.