What Is Constructive Remedy?
There are basically two types of constructive wrongful dismissal: a constructive wrongful dismissal and an unfair constructive dismissal. A constructive wrongful dismissal occurs when the employee has been unfairly dismissed. Under the law, an employee who is made redundant or who is injured is usually entitled to compensation for this reason. A common reason for this is that a company may not want to keep an employee due to the costs of redundancy.
In the UK, the term constructive wrongful dismissal has different meanings. In England and Wales, for example, it means any unfair or constructive dismissal, whether done to the employee by a member of the company or by a third party, whether by reason of the fact that the employee had done something wrong or even if there was a mistake or irregularity with the procedure involved in their dismissal. For the majority of cases in England and Wales, it also means that the employee was dismissed for reasons other than just a wrong decision or for misconduct. In some cases, an employee can be made redundant or lose their job for a disciplinary reason, which can also constitute constructive wrongful dismissal, however it is not an automatic right given to employees under UK law.
An employee who feels that they have been unfairly dismissed may be able to claim payment for constructive damages. Constructive dismissal can arise in many different situations, most commonly as a result of a failure to adhere to employment terms, such as poor performance, lack of competence, sexual harassment, racial discrimination or ageism. Another example of a situation where constructive wrongful dismissal can arise is where an employer condones or enables someone to do something illegal. For example, an employer that ensures that no coffee is allowed in the break room because it may make the employees angry or an employer that fails to ensure that employees do not drink alcohol in the workplace.
Types of constructive wrongful dismissal
The term constructive wrongful dismissal is very broad. It can cover anything from a simple disciplinary issue to something more serious such as discrimination or a physical attack. If you feel that you have been put on the wrong team, have been unfairly pressured into moving jobs, or are being kept on the team because you are considered to be less effective than colleagues, then you may be eligible for constructive dismissal. It may also cover cases where you feel that you were asked to do work that you didn’t want to do. In order to take advantage of your right to constructive dismissal, you will need to file a claim in accordance with the UK Employment Tribunal rules and regulations.
Your employer should always give you a fair chance to show why you should be chosen over another employee for the vacant position. If you feel that you have been treated unfairly, then it is in your interests to go to the Employment Tribunal and seek advice. In most cases, if your employer satisfies you that there has been constructive conduct by the employee, then you may be eligible to take the matter to court. However, this process can be time consuming, costly and unpleasant.
If your employer satisfies you that no constructive dismissal took place, but you still think that they have done something wrong, then you may want to take your case to an employment court. At an employment court, you will be able to hire an employment solicitor who will represent you and help you get the compensation you deserve. There are many different constructive cases across the country each year, but it is important that you choose a reputable employment solicitor so as not to end up being scammed. You will have to provide proof that the reason for the claim is because of the negative actions of your employer, such as discrimination or bullying.