Can suspension result in a constructive dismissal case?

Posted in : First Tuesday Q&A ROI on 3 July 2017
Julie Austin
McDowell Purcell

Put simply, suspension can in certain cases result in an employee claiming and succeeding in a claim for constructive dismissal. An employee will succeed in a claim for constructive dismissal if he or she can demonstrate that the employer either acted unreasonably (the “reasonableness test”) or breached the employee’s contract (the “contract test”) in suspending him or her so as to justify the employee’s resignation.

The right to suspend an employee should always be reserved in the employee’s contract of employment or employee handbook. If no such right exists, the suspension of an employee

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Start my free trial today

Back to Q&A's This article is correct at 03/07/2017

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.

Julie Austin
McDowell Purcell

The main content of this article was provided by Julie Austin. Contact telephone number is +353 1 828 0600 or email

View all articles by Julie Austin