constructive dismissal

constructive dismissal
An employee resigns if he leaves his employment as a matter of choice. However, where there is a serious breach by the employer of the employment contract, the employee may be entitled to resign and claim constructive dismissal. Before the employer accepts a resignation, it ought to be clear and unambiguous with a specified leaving date. Great care should be taken if it is intended to rely on words uttered in temper or when interpreting an employee's contract as implied resignation. The test is whether the reasonable employer would have perceived the words or conduct as a resignation.

Easyform Glossary of Law Terms. — UK law terms.


constructive dismissal

Collins dictionary of law. . 2001.


constructive dismissal
1) A dismissal where an employee resigns in a situation where they are entitled to terminate their employment as a result of the employer's conduct. The employer's conduct in such cases is a repudiatory breach or fundamental breach of contract, and the employee's resignation is an acceptance of the employer's repudiation of the contract. A constructive dismissal may be an unfair dismissal and a wrongful dismissal as the employer has breached the employee's contract of employment.
2) A dismissal where an employee resigns because of the employer's conduct. A constructive dismissal can also be an unfair dismissal and a wrongful dismissal.
Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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