Constructive dismissal in Guernsey explained
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The three main causes for an employee to take the constructive dismissal route are:
- Unreasonable work demands;
- Harassment or bullying;
- Significant changes to job duties or terms without consent
The resignation is treated as a termination by the employer, allowing the employee to seek legal remedies for wrongful dismissal.
However, the burden of proof is on the employee, who must demonstrate that the working conditions were so intolerable that a reasonable person would feel compelled to resign.
Typically, employees need to resign shortly after the intolerable conditions are imposed and would be advised to seek legal advice to pursue claims. Check your home insurance policy as some cover legal expenses up to a certain amount, somewhere around £50,000 – £100,000.
Whilst there is no set time frame, you should not delay if you are going to resign as a result of your employer’s breach of contract.
For a constructive dismissal claim to succeed, you will need to show that:
- the employer was in repudiatory breach of the employment contract;
- they resigned in response to that breach; and
- they did not delay too long before resigning in response to their employer’s breach. If the employee continues working for any length of time without leaving, they are likely to lose their right to treat the contract as breached and will be regarded as having chosen to “affirm” the contract.
It is important to note that it may not be just one incident that amounts to repudiatory conduct; sometimes it is a series of incidents or pattern of behaviour which, taken as a whole, amounts to such conduct. In these circumstances the tribunal may consider that any previous breaches of contract that may have otherwise been waived by the employee should be treated as revived and as part of a continuing course of conduct.
Please see our Employment page for further details on Guernsey employment law.