Constructive Dismissal is a last resort strategy for employees that have not had their employment issues addressed or resolved fairly in their place of work. It is fraught with difficulty, heavily weighted against the employee, and notoriously difficult to win at an Employment Tribunal. In terms of working as a deterrent to protect the rights of employees to fair treatment in the work place it is ineffective. Why should this be the case?
Employees Claiming Constructive Dismissal
In order for a case to have even a slim chance of success an employee must be sure that their appeal follows the Breach of Contract Rule - that the issue raised goes to the root of their contract of employment. However, this is not often clear cut and the information available on the web and from advice agencies is more than a little ambiguous. Even where the case is relatively clear, as in some cases of discrimination or disability, there are other mitigating factors that prevent a successful outcome for employees in pursuit of justice in employment.
Employment Law Requirements
An employee must ensure that they follow the employer's, and employment legislation requirements prior to resigning. There is an onus on the employee to follow the company's grievance procedures in the first instance, except in exceptional circumstances where this might prove injurious to one or both parties. This in itself can be quite stressful, and there is no guarantee that the employer will be fair or sufficiently rigorous in their investigations. An employer must only show that any investigation conducted was reasonable in the circumstances, and there is a distinct lack of monitoring of the conduct of employers in this respect. There is no independent investigator or watchdog exercising effective quality control, although arbitration is available should the process break down.
