Dismissal and Grievances
Constructive dismissal is a situation where an employer’s actions effectively force an employee to resign. It could be the result of unrelenting bullying or harassment, or a fundamental change to working conditions that makes them unbearable. These circumstances are generally considered wrongful termination and would be breach of contract. This type of dismissal can also trigger a range of other issues, such as loss of earnings and impacting a person’s long-term career prospects.
To be classified as constructive dismissal, the employee must prove that they resigned because of intolerable working conditions. These conditions must be such that a reasonable person would have found them intolerable, and this may include the behaviour or treatment that constitutes discrimination, or a repudiation of an essential term of the employment relationship.
For example, imagine if your employer significantly changed your work schedule or location without consulting you and this made it impossible to continue working there. Alternatively, you might be forced to leave your job because of a toxic workplace environment where there is regular bullying or offensive comments from colleagues. It is important to document incidents of unacceptable behaviour and seek legal advice to pinpoint if you have grounds to claim constructive dismissal.
Constructive Dismissal and Grievances?
However, it is important to note that it’s not always possible to terminate an employment relationship due to these circumstances. Generally, employees must try to resolve the issue with their employer before they resign. In addition, they should only resign when they have exhausted all other options. For example, it would be unfair to resign before you have tried to put the matter through the grievance process and this has been unsuccessful.
An experienced employment lawyer will be able to assist with your decision on whether to pursue a constructive dismissal claim or not and can help you identify the best course of action to take. They can also advise on how to proceed with a grievance and help you draft an effective resignation letter that will stand up in court.
A grievance can be a very difficult thing to deal with, particularly when it’s not being taken seriously by your employer. This is why it’s important to raise your concerns with your employer as soon as possible, even if they are minor or seem trivial at the time.
Grievances are a vital part of the employment process, but they can be complex and require thorough documentation. If you are struggling with a workplace issue and want to discuss your options, contact us today to speak to one of our experienced employment lawyers. You can also visit your local Jobs and Benefits office/JobCentre to see how you can apply for Jobseeker’s Allowance. If you have been unable to find another job, you can claim this for up to 26 weeks. The maximum amount you can receive is €387 per week. You can apply for this by visiting your local JobCentre or contacting the HSE. You can also get help from your GP or a mental health professional if you need it.
