Constructive Dismissal 1


Constructive Dismissal 1 : A constructive dismissal occurs when an employee resigns due to their employer's behaviour. The employee must prove that the behaviour was unfair - that the employer's actions amounted to a fundamental breach of contract or the law. In the UK, Employment Rights Act 1996, s. 95(1) provides that there is a dismissal if: "the employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer's conduct". Examples of constructive dismissal in UK: Reduction in Pay, Demotion, and Workplace Abuse
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