Constructive dismissal occurs when the employee resigns due to a “fundamental” breach or “repudiatory” breach of the contract of employment by the employer.
It is not sufficient to show the employer acted unreasonably unless there are extreme circumstances. The employee will need to demonstrate which term of the contract of employment has been broken so it is important to be sure what the contract states on the area which is in dispute.
There is much confusion over the term constructive dismissal and it can be difficult to prove so it is always best to obtain independent legal professional advice.
At NJL solicitors we can assess if there is a case for Constructive Dismissal and offer you the best advice how to proceed.
It is important to remember the Tribunal have strict time limits for pursuing many claims and if these are not followed they will not allow claims to be pursued.
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