Employment Update: Tips For Managing Constructive Dismissal Scenarios

Employers should be afforded sufficient notification of an employee's grievance and be given reasonable opportunities to resolve the grievance before it can be considered a constructive dismissal. We look at a recent related Employment Appeals Tribunal decision and suggest helpful tips for employers faced with constructive dismissal scenarios.  

In this case (UD35/2013, Chair: D Hayes BL), the Claimant (the "Employee") resigned before allowing the Respondent a reasonable opportunity to resolve his grievances. The Employee commenced working with the Respondent (the "Company") in 1999 as a sales representative and resigned in 2012 in circumstances he alleged amounted to constructive dismissal. He told the Tribunal he had built up a significant customer base over the years, but it had declined significantly from 2009 with the downturn in the economy.