What is constructive dismissal and can it lead to a claim for unfair dismissal?
Constructive dismissal occurs when the Employer commits a fundamental breach of the contract and the Employee resigns without undue delay in response to this. The Employee would have to also follow the statutory grievance procedure before making a claim to the tribunal which will involve setting down in writing the nature of their complaint to the Employer: failure to do so could affect the level of compensation. It is possible that the conduct complained of is of an unlawful nature under the discrimination legislation. This could mean an additional claim is made in the employment tribunal.
