Constructive Dismissal Compensation

When an employer acts in a way that forces an employee to resign, the employee may be able to claim constructive dismissal compensation. Constructive dismissal is a remedy available to employees who have been compelled to resign their employment due to a fundamental breach of their contract.

An employer commits a fundamental breach of the contract when they change an express or implied term of the employment relationship in such a way that a reasonable person would perceive it to be substantial. This is typically a result of an unreasonable change in the working environment, but it can also include actions that have no obvious basis. A fundamental breach of the contract also includes a breach of an implied obligation to maintain trust and confidence between the parties.

For a constructive dismissal claim to succeed, the employee must resign their position in response to the change and they must have been unable to find another job before doing so. It is important to consider this before deciding to resign from a job, as doing so may cause your local Jobs and Benefits office/JobCentre to delay the issuance of any unemployment benefits.

Paulette and her team are strategic problem solvers. They will review the specifics of your situation and examine the terms of your written and verbal employment agreement to flag any potential issues. If you believe you have been constructively dismissed, they will guide you through the process, assist you with your resignation and help you file a claim against your employer.

What is Constructive Dismissal Compensation?

If you have been subject to harassment or intimidation in the workplace, it is important to raise your concerns with your supervisor or manager and give them an opportunity to address the issue. If this is unsuccessful, it is advisable to speak to your union representative about the situation and explore whether there are any insurance policies that may cover the cost of a lawyer. If you feel that you have no choice but to resign, it is important to do so in a timely manner before the behaviour escalates or your local Jobs and Benefits office/JobCentre may refuse to award you unemployment benefits.

In order to be successful in a claim for constructive termination, it is vital that you work with an experienced employment law firm as soon as possible. Doing so will ensure that you do not unintentionally sign any documents or agree to severance pay which could compromise your legal rights.

An employment lawyer from JELC will provide you with information about the nature of your case and your legal rights. We will also advise you on the likelihood of success and the amount of compensation that may be available to you. We will also explain any statutory entitlements such as severance pay, notice period and statutory redundancy payments.

Damages are awarded in cases of constructive dismissal to compensate the employee for lost wages and a loss of self-respect and dignity as a result of their being forced to resign their employment. In addition, punitive damages are sometimes awarded to a plaintiff in order to deter the defendant and others from engaging in similar conduct in the future.