We recently had an employee whom we caught abusing our internet policy. We allowed him to resign rather than go through the disciplinary process, which we thought would inevitably lead to dismissal, given the seriousness of the wrong-doing and the strength of evidence. However, an HR colleague from another location said we have left our employer open to an unfair dismissal challenge. Could you please advise?Posted in : First Tuesday Q&A ROI on 6 August 2014
Even in circumstances where the employee has resigned, he may be in a position to bring a constructive dismissal claim under the Unfair Dismissals Acts 1977-2007.
Constructive dismissal arises where the employer's conduct amounts to an actual breach of the terms of the contract of employment, or where the employer acts in such an unreasonable manner that the employee is deemed to have no alternative but to resign.
What will be particularly relevant here is whether the resignation was in writing and whether the employer, as is recommended, accepted same in writing. This will help demonstrate that the employee understood his/her decision to resign and that tit was voluntary on their part.
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Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.