Or the employer may argue that, by staying, you have accepted the conduct or treatment.Īlso, avoid resigning before the actual breach of contract occurs. If you do have a case for constructive dismissal, and you think you can show it was unfair or wrongful, ideally you should then leave your job immediately. It is often very hard to prove that your employer's behaviour was so bad as to make you leave. If talking to your employer or mediation doesn't work and you feel you have to quit, you should first get some advice to see if you have a case for unfair or wrongful dismissal following a constructive dismissal. If a grievance is the subject of a claim to a tribunal, the tribunal may adjust any award up or down by as much as 50 per cent, where the provisions of the LRA Code of Practice on Discipline and Grievance Procedures have not been followed. If this doesn't work, and your employer agrees to it, you could try mediation through the Labour Relations Agency (LRA), where a specialist will try to help you and your employer sort out the problem. If speaking to your manager or someone else doesn't work, try to sort out the problem with your employer through your company's standard grievance procedure. an employee representative (for example, a trade union official), if you have one.your company's HR (human resources) department.If the problem is with your manager, you could talk to: If you want to leave your job because of your employer's behaviour, firstly, speak to your manager and see if you can resolve the problem. Leaving your job should be the last resort. Your employer's breach of contract may be one serious incident or the last in a series of less important incidents that are serious when taken together.Ĭonsidering constructive dismissal Speak to your manager making you work in dangerous conditions.bullying, harassment or violence against you by work colleagues.
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forcing you to accept unreasonable changes to your conditions of employment without your agreement (such as making you work in another town, or work night shifts when your contract is only for day work).a serious breach of your contract (such as not paying you or demoting you for no reason).The reason for leaving your job must be serious - there must be a fundamental breach of your contract.
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