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Constructive Dismissal – Are You Being Treated Unfairly?

June 29, 2021 6:21 am

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A constructive dismissal claim is when an employer makes an employee permanently redundant. But this does not necessarily mean that the employee has actually been made redundant. The employer may have just been trying to ‘structurally dismiss’ the worker in order to lessen their workload with a view to get rid of them. You should contact Employment Law Friend for help.

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Under UK employment law, an employee who is made redundant can make a constructive dismissal claim. Under these laws, an employee can only be made redundant if it is “undoubtedly” obvious to all other reasonably practicable people that their employment is hopeless for them to further. In addition, under these laws, if the position that the employee is meant to occupy is one which is already hopeless for them to achieve any more with, then they cannot resign in order to get a job elsewhere. Additionally, an employee cannot resign because they are unhappy at their current position. Under these laws, an employee must actually be making an intolerable situation that makes it impossible for them to continue working in the desired position.

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However, if the employee can show that the situation in question is not one that makes it impossible for them to continue working, then they can make a constructive dismissal claim. If a company is found to have implemented an unfair and constructive dismissal policy, then they can be sued for wrongful termination. Under UK law, an employee must first give notice of the claim before they can make it. However, even if there is notice of a possible lawsuit, an employee can still attempt to make a constructive dismissal claim if they are still able to work in the area of issue. An employee must also be given reasonable notice of any upcoming court proceedings so that they can prepare themselves and provide proper notice to the employer.

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