Constructive Dismissal Consequences
Dismissal Consequences
The consequences of constructive dismissal are often severe, especially when they prevent an employee from being able to work or provide for themselves and their family. It can have a major impact on an individual’s self-esteem, mental health and overall well-being. In addition, it can leave a mark on a person’s employment record, which can lead to future job opportunities being rejected. For this reason, it’s crucial that any workplace issues are addressed immediately and that employees know their rights.
There are a variety of different ways an employer can create intolerable working conditions that can result in a claim of constructive dismissal. These can include demotions, reducing an employee’s hours or salary, changing job duties, refusing to address harassment, discrimination or safety incidents, and failing to supply necessary equipment or resources for the job.
It’s important to note that the employee must be able to prove that their resignation was not a voluntary choice, but a necessity because of the intolerable working conditions created by their employer. This means that the employee must raise their concerns with management and someone in a position of authority before resigning. It also means that the employer must be aware of these intolerable conditions before the resignation occurs or, in some instances, the worker may not be able to file a claim for constructive dismissal.
Constructive Dismissal Consequences
Ultimately, if an employee can show that their employer breached their contract of employment and this breach was the cause of their resignation, they are entitled to back pay and front pay from their former employers. Back pay is calculated to compensate the individual for lost wages, while front pay covers any loss of income from their new job or time spent in court while pursuing their claims against the employer.
In addition to back and front pay, an individual could be entitled to compensation for any damages resulting from their inability to pursue future employment, such as training or education, as well as the cost of any medical bills or counselling they incurred due to the impact of the dismissal. This compensation can be particularly important for older workers who have a greater risk of finding it harder to find employment as they age.
As with any legal claim, it is essential for anyone who believes they have been a victim of constructive dismissal to seek out the advice and guidance of an experienced wrongful termination lawyer. They can evaluate your situation and work with you to determine the best course of action moving forward, including filing a complaint with your former employer or bringing a lawsuit against them for breach of contract.
Leaving a job through forced resignation can have long-lasting effects on your financial stability and can make it difficult to secure another job. For this reason, it’s vital to take immediate action and to be prepared to seek help from a qualified employment law attorney when needed. Contact BrightHR’s legal advice helpline to discuss your concerns with an employment law expert.