In employment law, constructive dismissal, sometimes referred to as punitive dismissal, occurs when an employee resigns for reasons relating to the performance of his work, for reasons of grave abuse of power, or for gross misconduct (e.g., racial discrimination, sexual harassment, etc.). Constructive dismissal also applies to cases where an employee is dismissed for reasons of redundancy or for exercising his right of association. In British employment law, this phrase is commonly referred to as ‘disability’ because it is a legal concept that enables an employee to be freely able to perform the workplace job he is employed for. Constructive dismissal in British employment law also protects an employee who is making criticisms of performance, or who is complaining about an unsafe working environment.
In order for the employer to be found guilty of wrongful dismissal or of a breach of the right to ‘fair consideration’ under Article 8 of the European Working Time Directive, the employer must first show that there was a genuine misunderstanding between him and the employee. Constructive dismissal also requires the employer to show that there was a constructive reason for the dismissal other than what is stated above. Therefore, in order for the employer to successfully argue that he did not have a ‘fair’ reason for wrongful dismissal, he needs to provide clear and convincing evidence that there was indeed a misunderstanding between them. The first step in the process of defending a claim of constructive dismissal is for the employee to give notice of the claim to the employer, and then for the employer to undertake measures to try and resolve the claim in the manner agreed upon between them.
A Constructive Dismissal Claim is often investigated by a reputable, qualified professional such as those from https://www.employmentlawfriend.co.uk/constructive-dismissal who will look at the issues that led to the situation that the employee found themselves in.