There is often considerable confusion surrounding what types of changes can be made to the terms and conditions of employment. When the conditions of someone’s employment suddenly change without their consent, certain legal remedies may be available. Without informed legal advice, it is easy for both employers and employees to make costly errors in these situations.
Constructive dismissal is a complex legal claim to navigate and requires strategic legal advice long before a lawsuit is commenced. Our lawyers have extensive experience working with clients in these claims.
Constructive Dismissal Transcript
What is a constructive dismissal?It's a fundamental change to the terms of your employment that you haven't agreed to or been give reasonable notice of.
Can you give some examples of a constructive dismissal?The classic example is a reduction in your compensation however it can be more subtle. It could be change to your duties, to your responsibilities or even your title.
Who decides whether there's been a constructive dismissal?That's the tricky part because it's an objective standard. That means somebody from the outside looking in would they consider it to be a fundamental change to the terms of your employment.
What do you get as a result of a constructive dismissal?You may have your original terms of employment restored, or you could be eligible for a severance package.
What do you need to do if you think you've been constructively dismissed?The first thing you should do is ask your employer to restore your original terms of employment. If they won't do that you should get some legal advice.
What are some of the common mistakes that people make in situations of constructive dismissal?The most common mistake people make is they react without thinking which may prejudice their case down the line.
Why do you need a lawyer if you think you've been constructively dismissed?This is a tricky area of law and if you don't get it right you may not be entitled to a severance package.