If your employer has recently changed your contract in a way that makes you feel like you have no other choice but to resign, you might be dealing with a constructive dismissal.
Here are 7 things you should know about constructive dismissal.
1. Most employers don’t like to fire their employees
Most employers don’t like to fire their employees, which is why some employers prefer trying to convince their employees to resign instead. They can do so by changing the contract of an employee in a way that will make them feel so miserable that they will want to quit their job.
2. Different changes can lead to a constructive dismissal
By changing the employment location of an employee, reducing their compensation, or reducing their responsibilities, an employer might be trying to force them to resign. Demotion, more or varied hours of work, or reduction of status can also lead to a constructive dismissal.
Employees might also want to claim constructive dismissal because of workplace bullying and harassment.
3. It’s possible to let your employer know you don’t accept these changes
If you don’t agree with the changes your employer has made to your employment contract, you can try to let them know that you don’t agree with these changes. If they have decided to reduce your compensation, for example, you can argue that you won’t accept this. You might need the advice of an employment lawyer.
4. Constructive dismissal should only be considered as a last resort
Claiming constructive dismissal can be quite complex, and it should only be considered as a last resort. You should first try to file a complaint, or to follow any procedures in place to resolve the situation.
If your employer won’t listen to you and insists on changing your employment contract without your consent, claiming constructive dismissal might be your only option.
5. You need to be able to prove constructive dismissal
For your constructive dismissal claim to be successful, you need to be able to prove that your employer has changed the terms of your employment in a way that makes you feel like you have been terminated. If you are not able to prove that, your claim will probably fail.
6. An employment lawyer can help you figure out what you should do
Before you resign, you should speak with an employment lawyer. They will help you figure out if you would be able to prove constructive dismissal, or if you should try another solution to resolve your situation.
You deserve better than to remain in a situation in which you feel miserable, and hate going to work.
7. You need to hire an experienced enployment lawyer
If you hire an employment lawyer to help you claim constructive dismissal, be sure to hire an lawyer who has a lot of experience with constructive dismissal cases. Not all employment lawyers have the right type of expertise to help you with your claim.