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There is nothing pleasant about dismissal. It leaves you without a job, potentially with limited funds, and highly likely to struggle with paying the bills. It’s not something that most people will opt for voluntarily. After all, research shows that only 70% of dismissed workers will find another job and many of them will only do so by accepting less pay.
But, that doesn’t mean you should simply stay in a job that is making you unhappy. There is no reason why you can’t look for another job while working for one company.
In some scenarios, you will feel like the only choice you have is to quit. These are the circumstances that qualify as constructive dismissal and should prompt you to seek the assistance of a reputable unfair dismissal employment lawyer.
Understanding Constructive Dismissal
When you are constructively dismissed you have actually chosen to resign. But, this isn’t because you have a better offer or no longer need to work. In constructive dismissal, you have resigned because there appears to be no other option.
In other words, your employer has made it impossible to keep working for them. They can do this through a variety of techniques:
- Unfair workloads
One way to force an employee to quit is to give them targets and impossible workloads. The workloads will not be comparable to other employees, effectively making it impossible for you to complete your job properly.
This does set the company up for a dismissal procedure on the grounds of conduct or competency. However, in most cases, the aim is to get the employee to quit, which classes as constructive dismissal. In other words, you felt there was no other option.
It should be noted that this type of behaviour by the employer can also be classed as harassment.
- Constant criticism
Being criticised is part of being employed. It’s how the employer helps you to identify any shortcomings and improve, with support. However, being criticised all the time is simply degrading and likely to make you want to quit.
It’s a good example of an employer trying to subtly get you to leave by yourself.
- Assumed Resignation
Sometimes employees and employers get into a heated debate. This can lead to an assumption that you’ve been fired and the employer assumes you’ve quit.
However, if you’ve not actually said the words and you still show up for your notice period and comply with your contract, you’re effectively being forced to leave. That’s constructive dismissal.
- Lack of pay
A lack of pay is another good reason for constructive dismissal. If you’re not paid for months you may tell your employer that you have to leave to find work that actually pays. This is constructive dismissal as you will only be leaving due to not being paid, making the employment situation unbearable.
That’s the bottom line. Constructive dismissal is when you quit your job because you feel there is no other option available to you. It doesn’t matter whether you enjoyed your job or not, as long as you were doing it properly.
You may also like: Temporary Dismissal: Should You Get a Lawyer?
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