We supported SHL to run a compliant collective consultation process, following the need to...
Click here for our insight into Constructive Dismissal.
Constructive dismissal is a legal concept which is quite commonly misunderstood and employers can put themselves at risk of such claims unknowingly. Changing an aspect of an employee’s role or working conditions can lead to such claims, but so can other seemingly acceptable employment practices. Do you suspend employees who are being investigated for serious misconduct? You could be at risk if so, even if the contract allows suspension - for example, where suspension damages the employee’s reputation or it goes on for too long. Are you considering changing management structures and reporting lines? Be careful this doesn’t result in a breach of contract and constructive dismissal claim.