In order to claim constructive dismissal you must be able to show that
- Your employer has behaved in such a way as to break your contract of employment. (If you do not have a written contract of employment you will have an oral contract). Whether your contract is written or oral, it will contain a number of terms which have either been agreed (such as pay) or are implied by law (such as health and safety, holidays, not to behave in a way that will destroy or seriously damage the relationship of trust and confidence)
- The breach was a serious breach of contract going to the very heart of the contract, known as a ‘fundamental breach’
- The employer’s breach caused you to resign, and
- You did not delay too long before resigning, and so “affirm” the contract and lose your right to claim constructive dismissal
Affirming the contract means you were aware of a breach of contract and accepted it which is evidenced by your continued employment.
Examples of the type of breach of contract which may give rise to claims of Constructive Dismissal are:
- Pay cuts, reduction in commission, changing period of payments etc
- Reduction in significant fringe benefits
- Significant change to job contract and status
- Increase in hours
- Change in place of work without mobility clause in contract
- Failing to protect you against bullying and harassment
- Discrimination
- Breach of the implied term, not to behave in a way that will destroy or seriously damage the relationship of trust and confidence
