Effects of a Constructive Dismissal
An employee’s work environment can have a significant impact on their mental health, happiness and career success. This is especially true when an employer creates intolerable working conditions. In some cases, this can lead to an employer breaching their employee’s contract and forcing them to leave their employment. This is known as a constructive dismissal. Understanding the effects of this type of dismissal can help employees to take action.
While constructive dismissal is an incredibly complex issue, the basic idea is that employers can only make fundamental changes to employment terms without breaking an employee’s contract. For example, a company could change an employee’s reporting structure, lower their salary or give them a demotion. While these changes might not be a direct termination, they can still cause an employee to feel that they have been dismissed because their previous employment has become intolerable.
Moreover, when an employer fails to respond to workplace concerns that employees have raised about bullying, harassment or safety incidents, it can also be a form of constructive dismissal. Employers must be willing to address any issues that have been raised by employees to show that they are invested in creating a safe and healthy work environment. If the employer is not, this can cause employees to find other employment opportunities.
A wrongful dismissal lawyer can help you determine if you have grounds to file a claim. In many instances, an employee who feels they have been constructively dismissed may be able to get a higher compensation award than if they were formally terminated.
Understanding the Effects of a Constructive Dismissal
While it can be hard to know when an employer’s actions might constitute a constructive dismissal, there are some clear warning signs. For example, if an employer makes an unexpected change to a major term of the employment contract that substantially impacts an employee’s wellbeing, they might have committed a breach.
Similarly, if an employer requires employees to work at locations far from home that require additional expenses for travel and parking, this can be a significant change in working conditions that could lead to a constructive dismissal.
Another common sign of a constructive dismissal is when an employer reduces an employee’s salary significantly. This is particularly damaging when the salary reduction is sudden and accompanied by no explanation or justification. For example, if an employer cuts an employee’s salary by more than half without any prior notice or explanation and the employee can no longer sustain their financial obligations, they might feel forced to quit.
Regardless of the specific circumstances, it is important to seek legal advice as soon as possible when an employer has created intolerable working conditions. A wrongful dismissal attorney can help you understand your options and the implications of a constructive dismissal. They can provide guidance about how to handle your situation and assist you with filing a complaint at an employment tribunal if necessary. They can also help you to determine the potential financial awards you might receive if successful in your case.