• Home
  • Blog
    • Resources
    • Business Partner Magazine Archive
  • About Us
    • Cookie Policy
    • Disclosure Policy
    • Privacy Policy
    • Terms of Website Use
  • Contacts

Business Partner Magazine

Tips and advice for entrepreneurs, start-ups and SMEs

  • Business Success
  • Marketing
  • Finance
  • Employees
  • Technology
  • Start-up
  • Productivity
  • Communication

Discover What Qualifies As Constructive Dismissal

June 24, 2022 by BPM Team

Click here to get this post in PDF

Too long to read? Enter your email to download this post as a PDF. We will also send you our best business tips every 2 weeks in our newsletter. You can unsubscribe anytime.

Enter your NameEnter your Email Address
Lawyer read and signing the document

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?

Image source: Shutterstock.com

Filed Under: Employees, Legal Tagged With: employees, Employment law, legal tips

  • Facebook
  • Instagram
  • Pinterest
  • Twitter
  • YouTube

Disclosure

We earn commissions if you shop through the links on this page.

Recent Posts

  • How do Hard Money Loans Work?
  • Fixed roof modules vs. portable solar systems
  • Impact of cloud computing in health care: Explained
  • How to Earn a GSA contract
  • Using Tesler AI for Trading: Unlocking New Opportunities in the Markets

Categories

Archives

Digital Marketing Agency

ReachMore Banner

Tags

Accounting apps bitcoin brand business growth business skills business success communication cryptocurrency Customer Service Data design ecommerce Efficiency employees Featured Article finance finances Health and Safety infographic insurance Investing investment legal legal services legal tips Management Marketing marketing strategy Outsourcing productivity property Real estate sales security SEO Social Media software starting a business startup Technology Trading Training website workplace

Disclosure

We earn commissions if you shop through the links on this page.

Digital Marketing Agency

ReachMore Banner

Business Partner Magazine

Business Partner Magazine provides business tips for small business owners (SME). We are your business partner helping you on your road to business success.

Have a look around the site to discover a wealth of business-focused content.

Here’s to your business success!

Copyright © 2023 - Business Partner Magazine·