How is a Constructive Dismissal in the UK Reviewed?
In employment law, constructive dismissal or simply constructive dismissal happens when employees resign due to the intolerable behavior of their employer or because of the conduct of their boss that has been so outrageous or intolerable that the employee has had no other choice but to resign. However, in some cases, when an employee is subjected to this type of treatment, he may feel that he is not being given a chance to express his opinion and ask for change. Usually, a constructive dismissal occurs when the company or an employment agency has behaved in a way which would have made the job of the person an impossibility.
The word ‘constructive dismissal’ in this context means a dismissal in which there was unjustifiable disparity in the treatment of one employee against another employee. It is important to remember that this requirement does not apply only where the disparity has resulted due to the race, gender, national origin, age, sexual orientation, or any other enumerated criteria. A Constructive Dismissal Claim is often taken on by a professional company such as Employment Law Friend.
The second most common reason for which an employee may be eligible for constructive dismissal is if he is being forced to resign or is being transferred in such a situation that he is not able to achieve any type of fair disciplinary action against the employer. Constructive dismissal also covers cases where an employee feels that he is unfairly sidelined, has been subjected to unfair disciplinary action, or his rights as an employee are being violated. The phrase ‘constructive dismissal’ is therefore a wide term and can cover a wide range of circumstances, such as, a case where an employer unfairly dismisses an employee for reasons such as: age, illness, personal traits, commission of an offense, or for reasons that are illegitimate and unjustifiable.