Constructive Dismissal Notice Period
When an employer changes the terms of employment in a way that is deemed to be unfair or unjust, the employee may choose to resign and claim constructive dismissal. To succeed in this claim, the employee must be able to demonstrate that a fundamental breach of contract took place that rendered their employment untenable.
Unlike termination, where the employee is given a certain amount of notice before leaving their job, in the case of constructive dismissal, the length of time the employee is entitled to depends on the specific change that occurred. The law has established that a reasonable period of time for resigning in response to a breach of contract is dependent on the kind of change that was made to an employee’s contract and the individual circumstances surrounding that change.
For example, if an employer reduces the salary of an employee, this would be considered a severe and immediate change that could potentially trigger a constructive dismissal claim. In this case, a person would be compelled to make a quick decision to resign and find alternative employment, as the loss of salary and other benefits would be immediately apparent. On the other hand, if an employer were to alter the duties of an employee, it might take a longer period of time to find a similar role in another company.
What is the Constructive Dismissal Notice Period?
If an employee wishes to resign in response to a serious breach of their contract, they must be able to communicate this clearly within the resignation letter. Otherwise, they will be deemed to have implicitly accepted the breach and not been given the option of rejecting it. It is also crucial that they do so promptly, as failing to act quickly can be construed as having positively affirmed their contract and waived their right to claim constructive dismissal.
The type of behaviour that could constitute a breach of contract does not need to be limited to one action or incident, and many constructive dismissal claims stem from a pattern of repeated breaches by an employer. A court of law will look at the overall impact of these actions or omissions on the employee to determine whether they qualify as a serious breach of their contract.
Ultimately, the best way to protect your interests is to contact a constructive dismissal lawyer near me at Benjamin Law as soon as you become aware of any issues with your workplace. Paulette and her team will be able to review the details of your situation, examine the terms of your written and/or verbal employment agreement, and flag any potential issues that may warrant a claim for constructive dismissal.
They can help you decide if resigning and filing a constructive dismissal claim is the best course of action. Alternatively, they can also provide advice on mitigating risk and proactive measures to avoid constructive dismissal claims in the first place. Contact us today to arrange a free case evaluation with one of our experienced employment lawyers.