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Constructive Dismissal

Constructive Dismissal

Constructive dismissal occurs where an employee is effectively forced to resign on account of a fundamental breach of contract. The breach may be due to unreasonable changes to terms and conditions of employment, or on account of problems with working conditions such as bullying or health and safety issues.

Employers need to ensure that they are aware of their duties and contractual obligations to avoid constructive dismissal claims. Proper consultation of the workforce on any major changes to their working conditions is well advised.

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