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summary vs constructive dismissal

Forums › CIMA Forums › summary vs constructive dismissal

  • This topic has 1 reply, 2 voices, and was last updated 2 years ago by Ken Garrett.
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  • July 31, 2023 at 6:05 pm #689198
    rafigo
    Participant
    • Topics: 1
    • Replies: 0
    • ☆

    Hi, I don’t really understand what exactly is constructive dismissal. Is it always wrongful?

    August 1, 2023 at 12:03 pm #689236
    Ken Garrett
    Keymaster
    • Topics: 10
    • Replies: 10648
    • ☆☆☆☆☆

    It is when an employer’s behaviour is such that it allows the employee to assume dismissal. For example, suddenly changing working hours from 9.00 -17.00 to17.00 – 01.00, or perhaps a radical change in job specification being imposed.

    Whether or not the employer’s behaviour is serious enough to result in constructive is a matter for an employment to decide, but if constructive dismissal is found then it is wrongful dismissal.

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