Constructive dismissal

A constructive dismissal occurs where the employer does not dismiss the employee, but the employee resigns and can show that they were entitled to do so by virtue of the employer's conduct. The employer's conduct in such cases is a repudiatory breach (www.practicallaw.com/1-107-7149) or fundamental breach (www.practicallaw.com/4-107-6624) of contract, and the employee's resignation in response is an acceptance of the employer's repudiation of the contract. A constructive dismissal may be an unfair dismissal (www.practicallaw.com/0-200-3624) and a wrongful dismissal (www.practicallaw.com/8-200-3644) as the employer has breached the employee's contract of employment.

For more information on the law and practice in this area, see Practice note, Constructive dismissal (www.practicallaw.com/3-201-9176).

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