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Constructive Dismissal – Significance and Implications
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Posted On :
Apr-30-2011
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Article Word Count :
418
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Constructive dismissal has a lot of significance and some severe implications as well if it is proved in the court of law. It is a scenario where an employee is forced to resign owing to the mistreatment by an employer beyond the tolerance level, so much so that the employee feels he or she has been actually fired. Although there are severe legal consequences it has to be proved that there was indeed breach of contract or unlawful behaviour which the employee was subjected to. Treating the resig
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Constructive dismissal has a lot of significance and some severe implications as well if it is proved in the court of law. It is a scenario where an employee is forced to resign owing to the mistreatment by an employer beyond the tolerance level, so much so that the employee feels he or she has been actually fired. Although there are severe legal consequences it has to be proved that there was indeed breach of contract or unlawful behaviour which the employee was subjected to. Treating the resignation of the employee as an actual dismissal is what could have repercussions and in some cases could pave the way for a claim of wrong or unfair dismissal.
There are several circumstances which could lead to the situation referred to as constructive dismissal. Some of the most notable examples could include excessive disciplining of employees or demotion that was uncalled for. Accusing an employee unfairly of misconduct or theft, changing job locations of the employee without providing sufficient notice or changing the job role of the employees way too often are all examples of situations where an employee’s resignation could lead to be called as constructive dismissal.
Serious incidents that can be proved or smaller incidents leading to serious consequences over a period of time can be cited but one has to resign soon after those incidents. Victimising an employee or targeting only specific members which might show that unfair treatment has been doled out could be one of the cases that can qualify for citing constructive dismissal. It isn’t always possible to prove constructive dismissal in a court of law, given that there isn’t much interference from the law into business management. However, if the employee with the help of lawyers can prove the extenuating circumstances that were seemingly unfair, then there could be some repercussions for the management.
The law related to employment has lot of complications which is why you will need lawyers who specialise in corporate and employment law. The idea is to show that the employer didn’t behave in a manner that breaches the relationship between an employer and employee. Even scenarios like sabotaging the product of an employee’s efforts or forcing an employee to attend social events could be inferred as a case for considering constructive dismissal. Employers have to be careful not to harass or insult the employees in public either. In such cases, employees can tender their resignation and go to court against the employer.
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Article Source :
http://www.articleseen.com/Article_Constructive Dismissal – Significance and Implications_60893.aspx
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Author Resource :
Find more information relating to constructive dismissal, and visit constructivedismissal.co.uk .
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Keywords :
constructive dismissal,
Category :
Business
:
Business
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