| Constructive Dismissal Compensation – the consequences
Constructive dismissal is not a claim in itself, but a springboard to other claims, such as unfair dismissal or wrongful dismissal.
The employee consequently will have potentially a claim for unfair dismissal, wrongful discrimination, discrimination or any other relief that can be sought, depending on the facts of the case.
An employee who can show constructive dismissal will not be bound by post termination terms, such as restrictive covenants, as the employer’s breach is a repudiation of the entire contract. It is similar to the employer having torn up the entire agreement.
The employee can resign with immediate effect, and can also work out their notice period, so that they can have the benefit of the wages during the notice period. If the employee decides to resign with immediate effect their can be a claim for wrongful termination. |
