10 - Constructive Dismissal

Question 1

What’s constructive dismissal?

Answer 1

Where an employee feels compelled to resign because of the actions of their employer.

Question 2

What’s the principle of constructive dismissal?

Answer 2

Has to be a SERIOUS breach.

Eg; sick pay breaches, holiday pay etc.

Employee must resign quickly as willingness to stay can be treated as acceptance of the employer’s conduct.

Question 3

Name one example of constructive dismissal

Answer 3

Donovan V Invicta Airways
- Employer instructed pilot to fly in unsafe conditions and the pilot quit - employee was constructively dismissed and awarded £900 damages

Question 4

Name the conditions for constructive dismissal

Answer 4

• Employee
• Employed continuously for 2 years
• Must commence claim within 3 months @ Employment Tribunal
• EMPLOYEE MUST RESIGN QUICKLY AND EMPLOYEE MUST PROVE THEY WERE DISMISSED

Question 5

Name the remedies for constructive dismissal

Answer 5

• Re-instatement + re-engagement + damages
• Damages: Basic, Compensatory Award + Additional award