How Does Constructive Dismissal Impact Employee Engagement Initiatives?

Constructive Dismissal Impact Employee Engagement Initiatives

As a HR professional, it’s important to ensure that your employees understand company policies and how they may affect their employment. One of the most common issues that can impact employee engagement initiatives is constructive dismissal. This happens when an employer breaches one or more of an employee’s contract terms in a way that makes them feel forced to resign. It’s essential for employees to have a clear understanding of what constitutes a constructive dismissal so they can protect their rights in case the situation arises. There are several factors that can lead to a constructive dismissal claim. These include:

A fundamental breach of an implied term of the contract A fundamental breach is a significant act or omission that goes to the heart of the employee’s working conditions. For example, an employer may breach a contract by demoting or changing an employee’s job description without giving them the opportunity to agree to the change. A fundamental breach of an implied term also includes actions or omissions that cause an employee to lose confidence in their ability to perform the job.

The behaviour of the employer must have caused the employee to resign due to intolerable working conditions. However, it’s worth remembering that it’s a high bar to meet for an employee to have standing to bring a constructive dismissal claim. For example, if an employer creates intolerable working conditions through an unreasonable decision making process, this isn’t sufficient to warrant a claim.

How Does Constructive Dismissal Impact Employee Engagement Initiatives?

Similarly, if an employer changes an employee’s working hours or rate of pay and does so for business reasons, this is unlikely to be a constructive dismissal claim. It’s more likely to be seen as discriminatory treatment and thus a breach of the contract.

Employees can also raise a constructive dismissal lawyer near me claim if the employer hasn’t addressed an employee’s grievance in a reasonable timeframe. However, it’s essential for employees to take steps to try and resolve the issue before resigning. This could involve contacting their manager and raising the matter informally or formally through the HR department. Having evidence of this can be crucial in supporting any future claims.

It’s also a good idea for employees to try and mitigate damages by taking steps to find alternative employment after they have resigned. This can help prevent them from being viewed as a ‘problem’ employee by prospective employers.

It’s vital for HR professionals to be aware of the risks of constructive dismissal so they can spot issues and resolve them quickly. A great way to do this is by regularly reviewing company policies and procedures to make sure they’re in line with current legislation. It’s also a good idea to promote any changes to employees via memos, company newsletters, announcements at meetings and so on. This will help to prevent any potential issues from arising and help to keep morale up in the workplace.

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