Can Constructive Dismissal Occur Due to Changes in Organizational Structure?

Constructive Dismissal Occur Due to Changes in Organizational Structure

Changes are an inevitable part of business. To keep up with the market, and to ensure that all departments are delivering to the company’s clients, organizations will often need to tweak employee roles and responsibilities. While these changes can be positive, if implemented improperly, they can also lead to an employer being sued for constructive dismissal.

Constructive dismissal is a wrongful termination claim that occurs when an employer causes a situation in which it becomes impossible for the employee to continue working at their job. This situation can be caused by a variety of reasons, including but not limited to:

A common way in which this occurs is through a significant change in one or more of the employee’s contractual terms and conditions. Examples of this could include a reduction in pay (not to exceed 50%), a demotion, removal of an employee’s position or role, relocating the workplace or changing shift patterns.

While it is not always possible to avoid the occurrence of constructive dismissal, there are steps that can be taken by both employees and employers to minimize such claims. This includes ensuring that employees are in the know about any pending changes to their contract and that they understand the consequences of those changes.

Can Constructive Dismissal Occur Due to Changes in Organizational Structure?

In addition, employers should make it clear to their employees that they will not tolerate behaviour that is detrimental to the business and that if such behaviour continues, the employee will be terminated immediately. Employers can also reduce the risk of a constructive dismissal claim by providing employees with a “try-out period” for any changes to their jobs or roles, such as by allowing them to work on a trial basis in a different department for a specified time period.

Another important consideration is that an employee must be able to demonstrate that their ability to perform the essential duties of their job has been significantly affected by the conduct of their employer. This could include but is not limited to a negative performance review, an inability to work under certain supervisors or managers, unwarranted criticism by coworkers, being denied access to resources or equipment that are necessary to do their job, and any form of discrimination or harassment.

If an employee feels that they are being forced to resign from their position due to these actions, they should speak with an experienced employment lawyer. It is important for employees to recognize the signs of constructive dismissal lawyer near me as it can have a serious impact on their future career. For example, if an employee quits their job without having another one lined up, it can have long-term effects such as harming their pride and self-esteem and making them more reluctant to reveal that they have been fired from their last job during job applications.

Additionally, a resignation from an employer can be viewed negatively by potential new employers who may think that the employee was just quitting for a better opportunity and will not be loyal to them either. An experienced employment lawyer can help an employee determine if they have a case for constructive dismissal and assist them in taking the appropriate legal action.

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