Constructive Dismissal
When an employer takes a significant departure from the terms of your employment contract, causing you to feel that you have no other choice but to quit your job, you may be entitled to compensation in the form of notice or severance pay. This is called constructive dismissal. It is a serious claim, however, and you are required to prove that the situation was so unreasonable that a reasonable person would have felt compelled to resign.
To find out if you have grounds to make a constructive dismissal claim, you should speak with an experienced employment lawyer. There are many factors that could lead to a claim, including a major change in working conditions. It is important to understand that, in order to win your case, you will need to have raised these issues with your employer in a formal way before you resigned.
A constructive dismissal claim is based on the premise that an employer has committed a fundamental breach of the term of trust and confidence implied in all contracts of employment. This can include a variety of actions, such as:
An employer’s conduct must also cause the employee to resign in such a way that they have lost all hope of continuing with their employment. This is a difficult standard to meet, and you should seek legal advice as soon as possible.
Finding Out the Grounds for Constructive Dismissal
It is very difficult to prove constructive dismissal in an employment tribunal, and even if you do win your claim you will only be awarded the minimum amount of severance pay. The main reason is that the tribunal will consider that you should have raised your concerns formally with your employer and attempted to resolve them before you resigned.
For example, suppose that your manager reduces your salary without offering any explanation or justification, and you feel that you cannot sustain yourself financially with this new salary. In this instance, you would be entitled to file for a constructive dismissal claim with the help of an employment attorney.
However, there are many reasons why it may be in your best interests to remain at your job rather than resigning and making a claim for constructive dismissal. Having an experienced employment law specialist on your side can be a huge benefit in cases like these, and you should speak to one as soon as possible. You can use a constructive dismissal Toronto to help you figure out if the situation is serious enough to warrant a resignation and how much compensation you should be entitled to receive. In addition, a lawyer can help you negotiate a severance package with your employer, which can be an attractive alternative to quitting and making a constructive dismissal claim.
One of the most evident signs of constructive dismissal is a substantial alteration in job duties. This includes assignments that are significantly different from the original job description or responsibilities that the employee is not qualified to perform. Such changes can indicate that the employer is trying to force the employee out by making their position uncomfortable or unmanageable.
