Critically evaluate the remedy of constructive dismissal and the way Essay

Critically evaluate the remedy of constructive dismissal and the way it works; and discuss the difficulties involved in using it (include case-law on what is - Essay Example Other factors that might trigger constructive dismissal are making significant changes in the employee’s job location at short notice, falsely accusing an employee of misconduct6 such as theft or of being incapable of carrying out their job7 and excessive demotion8 or disciplining of employees. Those claim constructive dismissal are expected to have resigned soon after the incident happened that forced them to resign. The court in Courtaulds Northern Textiles Ltd v Andrew9 made the point that ‘An employer must not, without reasonable or proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between the employer and the employee’. In a guide published by the Department of Trade and Industry on Employment Policy and Legislation 6 Jan 2007 guidance is issued to employers on ways in which dismissal should be conducted so that claims of unfair dismissal or constructive dismissal cannot be brought by employees10. Those who can constructive dismissal are also entitled to claim for unfair dismissal and frequently someone alleging constructive dismissal will also bring an action for unfair dismissal. For a tribunal to agree that an employee has been constructively dismissed the employers action has to be such that it can be regarded as a significant breach of the employment contract indicating that he or she intends no longer to be bound by one or more terms of the contract: an example of this might be where the employer arbitrarily demotes an employee to a lower rank or poorer paid position. In order to claim constructive dismissal the employee must satisfy 4 elements. Firstly there must be a breach of contract by the employer. This may be either an actual breach or an anticipatory breach (e.g. the employer refuses to ensure the safety of your client by agreeing to transfer the harasser if your client returns to work).