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Constructive dismissal is a legal term that describes the situation where an employer does not fire an employee outright but instead makes unilateral, unwanted changes to the employment relationship that fundamentally affect the employment relationship.

Such changes could include some or all of the following:

  • changes to key aspects of the job, like hours of work
  • demotion to a lesser position
  • reduction in compensation
  • task assignments that are impossible or unreasonable
  • creating an actively hostile workplace

Unfortunately, an employer may use these tactics when the employer wants to get rid of an employee but does not want to provide notice.  An employer may use these tactics to make working conditions unbearable so that the employee will quit and abandon his or her entitlement to notice.

This creates a very difficult situation for any employee who is pressured into thinking about quitting.  In order to try to claim wrongful dismissal damages in such a situation, the employee may have to prove that the conduct of his or her employer fundamentally and unilaterally altered the employment relationship.

This is an area of law where it is important for employees to understand their legal rights.  An employee who is getting pressured to quit should talk to a lawyer before taking any steps – contact Tevlin Gleadle Curtis today.