That’s It! I’ve Had Enough! When An Employee Resigns Then Claims Constructive Unfair Dismissal

Employers are typically aware of the risk of unfairly dismissing an employee when they are considering terminating an employee's contract, but what happens when the position is reversed and it is the employee who terminates their employment and then goes on to say they were left without any other option, potentially being able to bring a claim for constructive unfair dismissal?

In a recent Jersey Employment Tribunal case of Carratu v United Fashions Limited, a long serving and loyal employee claimed constructive unfair dismissal having resigned after encountering persistent problems with receiving his salary on time and recovering amounts he had lent his employer personally.

At the hearing, Mr Carratu produced a schedule of 12 'stopped' cheques for his outstanding wages in the two months prior to his resignation. On the day of Mr Carratu's resignation, his employer had given him an envelope containing cash to cover the sums due to him in respect of half his March