Constructive dismissal: case study
We provide a case study that looks at a situation in which some employees are threatening to claim constructive dismissal over the non-payment of a Christmas bonus.
The employer has paid a Christmas bonus previously but has not referred to it in the employees' written terms.
- Topic of the week: Constructive dismissal case study To reduce the risk of constructive dismissal claims, employers should ensure that their contractual terms are clear and that, if any benefits are discretionary, this is stated.
Also
The Forms of termination section of the HR & Compliance Centre employment law manual explains the different ways in which contracts of employment may be terminated, including termination due to constructive dismissal.
We explain How to protect against claims of constructive dismissal in the HR & Compliance Centre "how to" section.
Employers that have a sound grievance procedure in place are more likely to be able to resolve issues before they lead to a potential constructive dismissal claim, than those that do not. The HR & Compliance Centre policies and documents section includes a number of model documents on grievance procedures, including a model Grievance procedure and a Form for an employee to raise a formal grievance.
The HR & Compliance Centre FAQs section provides answers to questions on constructive dismissal, for example: Can an employee claim unfair dismissal if he or she has resigned?Is it permissible to dismiss an employee on the grounds of misconduct that occurred outside the workplace? and How can an employer prevent a possible discussion about a compromise agreement resulting in a claim for constructive dismissal?
