Constructive Dismissal Pitfall

When does a constructive dismissal claim fail?

In order to succeed in a claim for constructive unfair dismissal, an employee must prove the employer has acted in such a way as to destroy the relationship of trust and confidence; that the employer’s breach has at least in part caused them to resign as a result and, finally, they demonstrate they did not accept the breach by avoiding delaying too long before resigning. A recent case concerning a postal worker for Royal Mail provides useful guidance as to what an employee must demonstrate in order to successfully bring a claim for constructive dismissal. Read our blog here to find out more.