Constructive Dismissal

Sometimes an employer can treat an employee in such a way that the employment relationship breaks down so although they don’t use the immortal words “You’re fired”, the employee has no choice but to leave. Often results from a breakdown in trust and confidence (see Implied Terms) after a course of bullying, sometimes with the employee going on sick leave. The employee responds to the employer’s actions by resigning. It’s important that the employee doesn’t delay or they may be deemed to have waived the breach.