Constructive dismissal

When an employer’s conduct entitles an employee to resign, with or without notice, this is referred to as a "constructive dismissal" (which seems an inapt moniker in the circumstances). But how bad must the employer’s conduct be? How quickly does the employee need to resign? And how can employers avoid constructive dismissal claims?

For guidance on constructive dismissal, see the current series of XpertHR’s Topic of the Week (subscription required). In the first article in the series, Anna Chamberlain of Osborne Clarke answers some frequently asked questions about constructive dismissal. We will also be providing a checklist to help employers avoid claims for constructive dismissal and a case study around constructive dismissal.

On 23 November 2011, the Government published its response to its consultation on resolving workplace disputes (Resolving Workplace Disputes: Government response to the consultation (PDF format, 364K) (on the BIS website)). One of its proposals is to introduce a system of "protected conversations", which will allow employers or employees to initiate a discussion about an employment issue "at any time…as a way of resolving the matter without fear". If and how this will impact on constructive dismissal remains to be seen, The Government intends to consult on this proposal in 2012, so hopefully more details will included in that consultation document and it will be interesting to see how this develops. See XpertHR’s news item, published on the day of the Government’s announcements, for details of this and its other proposals.