Employment Law and Unfair Dismissal - Free Essay Example.
Employees often face a very difficult decision as to whether to resign and try to claim constructive unfair dismissal. Few, if any employees will leave a job in such situations lightly, especially if they are aware that claiming constructive dismissal is not easy, with the initial burden of proof on the employee.
Unfair dismissal is one of the most commonly pursued types of employment law cases. This can encompass numerous different circumstances. Below are two examples of the unfair dismissal cases which our Employment Solicitors have dealt with. The first case example addresses a dispute as to whether there had been an unfair dismissal or a resignation.
Constructive dismissal explained. Constructive dismissal is a form of dismissal. If you resign from your job because of your employer's behaviour, it may be considered to be constructive dismissal. You would need to show that: your employer has committed a serious breach of contract; you felt forced to leave because of that breach.
A constructive dismissal, in accordance with s. 95(1)(c) ERA 1996, is one where the employer has not dismissed the employee, but the employee has terminated his employment with, or without notice, in circumstances where they were entitled to do so by virtue of the employer’s conduct, writes Alan Lewis, employment partner at Irwin Mitchell.
Constructive dismissal is where your employer's actions (e.g. extreme bullying, unilateral demotion) force you to resign.
This is a somewhat circular definition but the operation of the doctrine of constructive dismissal can be illustrated by reference to the notorious case of Western Excavating (ECC) v Sharp. An employee had been suspended without pay as part of disciplinary proceedings. As a result, he was short of money and asked his employer for a loan.
Writing constructive essays is one of the best ways to practice influential writing or prepare for a verbal debate. This type of essay differs from others because it provides factual information, critical analysis and space for more than one viewpoint. However, it subtly and artfully persuades readers to accept your particular perspective.