First Tuesday Q&A: Constructive Dismissal

Posted in : First Tuesday Q&A ROI on 3 November 2020
Bernard Martin
A&L Goodbody
Issues covered: Dismissal; Constructive Dismissal; Fundamental Breach of Contract

In this month’s First Tuesday Q&A, Bernard Martin, Solicitor in A&L Goodbody’s Employment Practice Group, provides some insights on constructive dismissal and looks at case law in the area, including some recent decisions.

What is a Constructive Dismissal?

Constructive Dismissal arises where it is reasonable for an employee, due to their employer's conduct to resign or, again as a result of employer conduct, the employee has suffered a unilateral and fundamental change to his/her terms and conditions of employment.

Section 1 of the Unfair Dismissals Act defines constructive dismissal as:

"The termination by the employee of his contract of employment with his employer…….in

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This article is correct at 03/11/2020
Disclaimer:

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.

Bernard Martin
A&L Goodbody

The main content of this article was provided by Bernard Martin . Contact telephone number is +353 1 649 2000 or email bmartin@algoodbody.com

View all articles by Bernard Martin