Do you have to walk out?

Obviously there are circumstances under which an employee feels that he or she has been so badly treated that there is no alternative other than to resign and claim constructive dismissal. In order words there has been a fundamental or, legally speaking, a ‘repudiatory’ breach of the employment contract.

However, I know from my voluntary work with the Citizens Advice Bureau that many do not realise that the threshold justifying resignation is quite severe. A manager acting unreasonably would not normally provide this justification. Asking an employee to carry out work outside their job description when a colleague is sick is not enough. Making an application for flexible working and being turned down or being refused annual leave because too many colleagues have booked ahead of you would not normally be enough. Being suspended on full pay pending an investigation is, legally speaking, no justification in itself for resignation and a constructive dismissal claim. I have met all these.

In constructive dismissal claims the claimant needs to establish the breach of contract. If you cannot overcome this barrier your claim will fail (and most of this type do) – if there is no dismissal there can be no unfair dismissal. Remember also that if you resign your salary stops immediately. Your mortgage protection policy may not pay out and, even if you win the case or attract a settlement payment, this may take several months. Remember also, that you need twelve months continuous service unless who fall into one of the categories for which this does not apply, such as pregnancy, trade union activities, whistleblowing, etc.

What are your experiences?

If you are thinking of resigning due to your treatment, try submitting a grievance or speak to HR/personnel, a trade union official or even CAB. Don’t jump too early as the drop may be more than you anticipate.