Constructive dismissal occurs when an employer makes a significant change to the essential terms of an employee\u2019s contract that is so intolerable that the employee feels they have no choice but to resign in response. Since this resignation is the result of the change, it is not really voluntary and can be considered a termination. With the ongoing pandemic, companies had to adapt very quickly to the changing environment. This rapid shift in priorities can lead to mistakes, some with severe consequences.<\/span><\/p>\n\n\n\n There are two types of constructive dismissal. The first occurs when there is a substantial one-sided change to the essential terms of employment. The second occurs when there is a series of actions that demonstrates the employer no longer intends to adhere to the employment contract. The most common causes of constructive dismissal claims are a result of changes to:<\/span><\/p>\n\n\n\n Poisoned or toxic work environments can also be grounds for constructive dismissal.<\/span><\/p>\n\n\n\n Is your organization planning to recall employees to the workplace after working remotely? Hopefully, you included that right in your remote work policy.<\/a><\/span> If your remote work policy did not explicitly state you could recall employees, and you make them return to the office, that could be grounds for constructive dismissal.<\/span><\/p>\n\n\n\n An employer needs to keep in mind that a constructive dismissal is essentially a termination by actions rather than words. The employer does not necessarily have to state that an employee has been terminated, but if their actions violate the existing terms of the contract, it can open a chance for constructive dismissal.<\/span><\/p>\n\n\n\nTypes of claims and their causes<\/span>
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Returning to work<\/h2>\n\n\n\n
The repercussions of a valid claim<\/h2>\n\n\n\n