Wednesday, 15 June 2016

What is Constructive Dismissal?

The latest in the line of high profile constructive dismissal claims is that of Eva Carneiro. The ex-Chelsea football club doctor was initially pursuing a claim for constructive dismissal (amongst other claims) in an employment tribunal against her former club. Although the claim has now settled, it may have left some people reading the news wondering ‘what on earth is constructive dismissal?’

What is Constructive Dismissal?

According to ACAS; ‘constructive dismissal occurs when an employee is forced to leave their job against their will because of their employer’s conduct’. This can occur in such circumstances where an employer;
  • Suddenly demotes an employee with no good reason or doesn’t pay them.
  • Changes an employee’s working conditions (e.g. Working times).
  • Excessively disciplines employees.

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