A lot of work I have done as lawyer and mediator turns on the words "Constructive Dismissal."
Constructive dismissal is when an employee resigns in response to a significant and fundamental breach of their contract of employment by their employer.
To amount to constructive dismissal, the breach (which could stem from a single event or a number of them) must be a very serious one.
That is, it must be a fundamental breach of contract .
Historically lawyers are reluctant to allege constructive dismissal as the onus shifts on the employee making the allegation(s).
Said against that, at least the employee has a measure of control of the case by making the allegation. He or she can make the running in the case.
In addition, provided the empoyer has made significant breaches of the employment relationship, this is something an employee lawyer should be comfortable taking further forward.
Is there a way to swing the evidence in favour of the employee?
There are no silver bullets in most employment cases.
Some tactics which I recommend are simply to keep as much dialogue going with the employer even when the relationship is faltering.
This is because if there is an agenda to get the employee out, the chances that the employer will make some kind of error, which will give ammunition for the negotiations which will unfold later, when the word "compensation" is discussed.
The evidence acquired can paint a picture and enhance the prospects of successfully alleging constructive dismissal.
Justin Patten, Employment Solicitor