Lawyers acting on behalf of employee clients do not like alleging Constructive Dismissal but sometimes you have to do it.
The reason why we do not like doing it is because the onus is on the employee to prove the dismissal.
The law is if the employer is in fundmental breach of his obligations under the contract then the employee has the right to accept the breach by resigning and then claiming constructive dismissal.
The biggest difficulty for the employee is to establish that the breach was fundamental.
The breach must be ".....a significant breach going to the root of the contract of employment or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract."
As is always the case whether the employer's conduct is a fundamental breach is a matter of fact.
It is such a brave step to allege constructive dismissal but the key is to do at the right time. If you do not, it may be too late.
Justin Patten, Employment Solicitor