Constructive Dismissal - What Is It?

Getting dismissed from your job is never nice. Most people are dismissed in one of two express ways.

You could be dismissed under a disciplinary procedure. Perhaps your work was not of a satisfactory standard. Or maybe you acted in a manner which provided your employer with a reason to dismiss you immediately (eg you stole from the company or threatened another member of staff).

The other express way of being dismissed is through a redundancy procedure started by your employer.

However there is another way you can be dismissed...and if it is cleverly done by an employer then you may not have realised that it has even happened.

Its called a constructive dismissal. The definition of a constructive dismissal is when the behaviour of your employer has left you with no other option but to resign from your job.

There are many circumstances where this can happen.

A good example of a constructive dismissal is when an employer says to an employee that they are going relocate their offices 140 miles from its current location. The employee can of course still keep his job but the only proviso to that is the employee agreeing to also move.

The moving of the office by 140 miles is the act which forces the employee to resign. Of course the employee hasn't been expressly dismissed but the reality is that unless he move his entire life and the life of his family if he has one, 140 miles across the country then he is going to lose his job. This would clearly be a constructive dismissal as the employee is left with no choice but to resign and find another job.

Another example is when an employee suffers abuse at the hands of another work colleague, or worse a manager or boss. If that employee complains to his employer and the employer does nothing to resolve the issue and the abuse still continues, then the employee may be left with no option but to resign to get away from the abuse. In this case it is the inaction of the employer to protect the employee which has caused the employee to resign.

So where you are employed and circumstances happen during your employment which leave you no choice but to resign your position then this will be deemed a constructive dismissal. If a constructive dismissal has happened then you will be able to bring a claim against your employer for compensation through the Employment Tribunals.

If you think that you may have been constructively dismissed then it is important that you get specialist advice from specialist unfair dismissal solicitors so they can advise you how best to proceed.