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Question: Stephen’s contracted working hours were 7am-3pm. When his employer attempted to force him to work night shifts instead, Stephen refused to do so and immediately resigned.
Which of the following is this an example of?
a) Unfair dismissal
b) Wrongful dismissal
c) Constructive dismissal
d) Redundancy
Why the above scenario is an example of constructive dismissal.Also what is the key difference between wrongful and unfair dismissal.
It’s constructive dismissal in the same way that your employer may vary the terms of your contract in such a way that you cannot willingly comply with that change
When I was a tutor in Manchester, if my employer had said “With effect from next Monday, for 3 years, you are to work in the London office” and I felt that that was beyond the limits of what I was prepared to do, that would have been constructive dismissal
“Wrongful” is dismissal but not according to the required procedure
“Unfair” is where the employee believes that there is victimisation or some other unjustifiable reason for the employer’s action
OK?
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