Constructive dismissal is a complex area of employment law that can be difficult to understand. It involves situations where an employee feels forced to resign due to the employer’s conduct. This guide aims to provide a comprehensive understanding of constructive dismissal, the burden of proof in employment law, potential compensation, and more. It will also explore the maximum compensation for unfair dismissal, the unfair dismissal maximum award, and the unfair dismissal compensation cap.
Understanding Constructive Dismissal
Constructive dismissal, also known as constructive dismal or constructive dissmissal, is a term used in employment law when an employee resigns because they believe their employer’s behavior or actions have made their position untenable. This could be due to a serious breach of contract, a hostile work environment, or significant changes to their job role without their agreement.
It’s important to note that constructive dismissal is not the same as unfair dismissal, although they can overlap. Unfair dismissal refers to situations where an employer terminates an employee’s contract without a fair reason or without following the correct procedure. Constructive dismissal, on the other hand, involves the employee choosing to leave their job due to the employer’s actions.
The Burden of Proof in Employment Law
In cases of constructive dismissal, the burden of proof employment law falls on the employee. This means that it’s up to the employee to prove that their employer’s conduct was so severe that it forced them to resign. This is known as the constructive dismissal burden of proof.
Proving constructive dismissal can be challenging. The employee must demonstrate that:
- The employer committed a serious breach of contract.
- The employee felt forced to leave because of this breach.
- The employee did not accept or condone the breach.
It’s crucial to gather as much evidence as possible to support your claim. This could include emails, letters, witness statements, or anything else that can demonstrate the employer’s misconduct.
Potential Compensation for Constructive Dismissal
If an employee successfully proves constructive dismissal, they may be entitled to compensation. The amount of compensation varies depending on the circumstances of the case. Factors that can influence the amount include the employee’s salary, length of service, and the severity of the employer’s conduct.
The maximum compensation for unfair dismissal is currently capped at £86,444 or 52 weeks’ gross salary, whichever is lower. This is known as the unfair dismissal compensation cap or unfair dismissal cap. However, there are exceptions to this cap in cases of whistleblowing or discrimination.
The average unfair dismissal payout is much lower than the cap, typically around £13,704. However, this can vary widely depending on the specifics of the case.
Constructive Obligation
Constructive obligation refers to the employer’s duty to provide a safe and suitable working environment for their employees. If an employer fails to meet this obligation, it could lead to a case of constructive dismissal.
For example, if an employer allows bullying or harassment to occur in the workplace without taking appropriate action, this could be seen as a breach of their constructive obligation. Similarly, if an employer significantly changes an employee’s job role without their agreement, this could also be seen as a breach.
Constructive Wrongful Dismissal
Constructive wrongful dismissal is a specific type of constructive dismissal claim. It occurs when an employee resigns in response to a serious breach of contract by their employer, and the employer has not followed the correct dismissal procedure.
In these cases, the employee may be able to claim for wrongful dismissal in addition to constructive dismissal. This could potentially increase the amount of compensation they are entitled to.
Conclusion
Constructive dismissal is a complex area of employment law that requires a thorough understanding and careful handling. If you believe you have been constructively dismissed, it’s crucial to seek legal advice as soon as possible. With the right support and evidence, you can navigate the legal process and potentially secure compensation for your loss.
