Constructive Dismissal

Direct and indirect behaviour

There are two types of unacceptable behaviour that can be considered grounds for a constructive dismissal claim: direct and indirect. Direct behaviour involves insulting comments or bullying actions aimed specifically at an individual and may include any form of discrimination, such as sexual or racial discrimination. Indirect behaviour refers to similarly discriminatory, abusive and/or offensive behaviour, but it is directed at a group of people to which the victim belongs or to which the victim’s friends or family belong.

Unacceptable changes to the job

Sometimes, in order to avoid paying compensation for unfair dismissal or redundancy, an employer may make a change in your job description or your working conditions in order to facilitate a resignation. These changes are occasionally genuine, but more often than not, they are nothing more than an attempt at putting you under such stress that you are forced to resign. In these cases you should always obtain a solicitors advice as soon as possible, as waiting can sometimes be considered implied consent to the changes.