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Automatic Constructive Dismissal

Employment and Discrimination Law

Automatic Constructive Dismissal

Postby Scienke » Fri May 19, 2017 5:45 pm

Is this possible?

As far as I know automatic unfair dismissal does not require a 2 year period of continuous employment to make a claim?

If you raise a health and safety issue and are then subjected to victimisation, before they sack you, can you resign and claim automatic constructive dismissal without the normal two year rule also needing to apply?

Obviously it would really be a whistleblowing claim but does the act of resigning in such an instance make it an automatic constructive dismissal claim, or both?
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Re: Automatic Constructive Dismissal

Postby atticus » Fri May 19, 2017 6:19 pm

If any of the things that do not require 2 years continuous service apply, then you can bring a claim whether the dismissal is actual or constructive.
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Re: Automatic Constructive Dismissal

Postby atticus » Fri May 19, 2017 6:21 pm

I am not aware of "automatic constructive dismissal" as a term of art.
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Re: Automatic Constructive Dismissal

Postby Scienke » Fri May 19, 2017 7:23 pm

I'm curious about how any awards might be decided in such a case.

As far as I know constructive and dismissal claims are capped. But If you resigned and claimed constructive dismissal on the grounds of whistleblowing or discrimination, could you expect any awards you might receive to be potentially uncapped?
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Re: Automatic Constructive Dismissal

Postby dls » Fri May 19, 2017 8:29 pm

Damages awards in the ET are capped. My understanding was that claims in the county court (where available) are less so. The difference is very broadly between a statutory claim (ET) and a common law one.
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Re: Automatic Constructive Dismissal

Postby atticus » Fri May 19, 2017 8:40 pm

My understanding is that there is no cap, or maybe a much higher cap, in discrimination and whistleblowing cases.
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Re: Automatic Constructive Dismissal

Postby Scienke » Fri May 19, 2017 8:53 pm

Yes. I was under the impression that discrimination and whistleblowing awards were uncapped. Whereas unfair dismissal and constructive dismissal claims are capped.

Which begs the question, if you resign because of discrimination or whistleblowing do you claim for those or constructive dismissal or both.
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Re: Automatic Constructive Dismissal

Postby atticus » Fri May 19, 2017 9:51 pm

The usual approach appears to involve a kitchen sink.
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