We are here to provide expert legal guidance on constructive dismissal in the workplace. Employment Law Solicitor has extensive experience advising both employers and employees on all aspects of constructive dismissal. We have a strong track record of securing successful outcomes for our clients through both formal and informal processes.
Speak with one of our Dublin-based specialist employment solicitors to explore how we can assist you with your constructive dismissal concerns.
Constructive Dismissal Law Resources:
- Understanding Constructive Dismissal under Irish Employment Law
- Overview of Unfair Dismissal under Irish Employment Law
- How to File a Constructive Dismissal Claim
- Case Studies and Legal Precedents for Constructive Dismissal
- Video Guide: Constructive Dismissal in Irish Employment Law
- Legal Framework for Constructive Dismissal Claims in Ireland
Understanding Constructive Dismissal Claims
Constructive dismissal claims are generally assessed based on two key tests: the contract test and the reasonableness test. The contract test determines whether the employee’s resignation was due to a fundamental breach of contract by the employer. Meanwhile, the reasonableness test evaluates whether the employer’s actions were so unreasonable that the employee had no reasonable choice but to resign.
Breach of Contract in Constructive Dismissal Claims
A claim for constructive dismissal may be valid if it can be demonstrated that:
- The employer committed a serious breach that undermined the core terms of the employment contract.
- The employer’s actions indicated an unwillingness to uphold essential contractual obligations, effectively forcing the employee to resign.
Unreasonable Employer Conduct Leading to Constructive Dismissal
Examples of unreasonable employer behavior that could justify a constructive dismissal claim include:
- Failure to provide agreed-upon salary and benefits.
- Unjustified demotion or downgrading of the employee’s position.
- Imposing disciplinary action without following due process.
- Breach of workplace health and safety obligations.
- Unilateral changes to contract terms, such as:
- Altering work hours without agreement.
- Modifying job responsibilities or pay structure.
- Changing the employee’s work location without consent.
Steps to Filing a Constructive Dismissal Claim
To pursue an unfair dismissal claim through constructive dismissal, an employee typically must:
- Have at least 12 months of continuous service with the employer.
- Utilize the employer’s internal grievance procedures before resigning.
- Submit a claim to the Workplace Relations Commission within six months of the employment termination date.
Our experienced legal team at Employment Law Solicitor is here to guide you through the process and ensure that you understand your rights and options in handling a constructive dismissal case. Contact us today to discuss your situation.