How to protect against claims of constructive dismissal

Author: Jo Plumstead

Summary

Click on any of the hyperlinks to go to more detailed guidance below.

• Understand what constructive dismissal is.
• Be aware that there can be a fundamental breach of both express and implied contract terms.
• Make sure that agreed contractual terms are recorded accurately and completely at the point of recruitment.
• Review what contractual terms are in force before changing workplace practices.
• When recruiting new employees consider building flexibility into the contract of employment to allow future changes.
• Seek employee consent to any change in terms that is more than trivial.
• Ensure that managers receive effective training in handling grievances and complaints.
• Introduce and monitor an effective bullying and harassment policy.
• Provide systems for dealing with concerns over health and safety.
• Observe the data protection principles with regard to data held on employees.
• Adopt a disciplinary procedure that provides for effective investigation of allegations before any hearing.
• If a grievance is received ensure that you follow the "Acas code of practice on disciplinary and grievance procedures" and arrange a meeting to discuss it within a reasonable time. If possible resolve the issue at this stage.
• Be aware that constructive dismissal may result in a breach of contract claim or a claim for unfair dismissal.