Top Tips on Avoiding a Constructive Dismissal Claim

September 3, 2021 5:34 am


The last thing an employer wants is a constructive dismissal claim against them, as it could potentially shut down the business if things get very serious. If not that, it can be costly due to hiring a lawyer and stressful having to go to court. If people hear about the claim, it could ruin your company’s reputation. In order to prevent claims, you must avoid the repudiatory breach of contract, meaning that you must respect the terms stated in your employees’ contract. Here are some more top tips on avoiding a constructive dismissal claim.

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Firstly, you must be aware of the main types of constructive dismissal claims. The number one reason employees make a claim is because of a hostile workplace. This could mean that the way you treat employees as their employer makes it unbearable for them to work there. The next most common type of claim made is a change to an essential term of employment made without the employee’s consent. Essential terms of employment include the job role, the responsibilities, the pay and the work hours.

In order to avoid one of these claims there are things you can do. For example, you must make sure that you treat your employees with respect and make sure that your workplace is free of harassment and bullying.

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Finally, respecting your employees involves including them in all decisions around changes to their job, so always talk with them before changing anything and do not make any significant changes if they don’t agree to it. Make sure that any agreements made are done in writing, so you have a record of it for future reference. It is also important to give plenty of notice before making any substantial or unilateral changes.

If you would like to learn more about why an employee would make a Constructive Dismissal Claim and what is involved, visit the website