Employment is a contract between employer and employee. When an employer unilaterally makes a fundamental change to an employment contract, violates an essential term of an employment contract, or acts in such a way as to create a hostile working environment, the employee may have been constructively dismissed. Constructive dismissal is different from wrongful dismissal as the employer has not formally terminated one’s employment. However, if an employee is subjected to detrimental changes such as a demotion, substantial alterations to their working conditions or job description, or a significant relocation, they may be able to claim that they have been effectively terminated.
Constructive dismissal gives rise to an employee’s right to reasonable notice and severance as if they had been terminated. In these circumstances, an employee may decide to accept the employer’s changes to their contract and continue working, refuse them in protest but continue working, or refuse them and leave the workplace to make a constructive dismissal claim against their employer. As it is not always clear if a constructive dismissal has occurred, it is important to seek experienced legal counsel.
The lawyers at Wray James LLP have extensive experience consulting with and representing employees in a variety of workplace situations that amount to constructive dismissal, at all levels of employment and across different sectors and industries. We take the time to understand your situation and goals, assess and evaluate your case, and provide strategic advice regarding your best options to proceed.
Contact us today to see how we can address your legal matters.