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Constructive Dismissal

The relationship between an employer and employee is a sensitive one based on mutual trust and confidence.

Each party has a duty to act properly and in good faith. However, where this is not the case and an employer acts in a way which is inconsistent with those obligations they might be breaching the terms of the employment contract. This is known as a repudiatory breach of contract.

A repudiatory breach of contract by the employer entitles the employee to treat the contract as being at an end.   The employee will do so by resigning and saying he resigned because of the conduct of the employer.

In addition the employee may be able to bring a claim for constructive dismissal. The requirements for bringing a claim are the same as for unfair dismissal.

To speak to someone who can help with constructive dismissal claims or any other employment issue call, email or request a call back from one of our specialist lawyers.

Who to contact

Bettina Brueggemann

Bettina Brueggemann
Managing Partner
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