LayerSlider – Conveyancing 26Jan18 – Base

Constructive Dismissal Explained

A lot of people don’t like their boss. That’s a given. But for some people their boss is the bane of their existence. We all know someone who hates they’re boss so much that they can’t help but talk about them 24/7 and if you don’t, take a step back and a deep breath, because its probably you!

They say that our boss is now the most common topic of conversation at the dinner table and in the modern world of tight deadlines and long hours you can well believe it.  But what can you do if your boss is more than just a clueless simpleton and actually makes your life a living hell?

Top Tip: The first thing you should do is assess your situation. Look at what it is that is making your working relationship with your boss so unbearable and think about whether it is something that can be fixed. Industrial relations problems can often be fixed simply by opening up the lines of communication and airing your grievances.

Many people lock up their feelings and let them build and build causing them stress and stirring up feelings of resentment towards their boss. Make a list of your problems, examples of when they occurred and try to offer a solution. This should at least pave the way for an improved working relationship and take a weight off your shoulders.

If this does not solve the problem you should report your grievance with HR or whoever handles this area of the business to make your issue known.

What is constructive dismissal?

Poor communication or a build up of resentment over time in the workplace are common problems but if your employer is committing unlawful behavior which is forcing you into a situation in which your are forced to resign you may have a case for constructive dismissal.

Constructive dismissal occurs when your employer commits a serious breach of your employment contract which you did not accept at the time and which caused you to resign. It is important that you have not done anything to imply that you have accepted you employers breach.

Examples of breaches which may lead to constructive dismissal include:

    • Sudden demotion for no reason
    • Bullying
    • Forcing you to work in dangerous conditions
    • Not paying your wages
    • Wrongly accusing you of theft with no proof

If you find yourself in a situation like this it is important to take note of the times and dates of breaches and make your dissatisfaction known as early on as possible to ensure enough time does not pass to indicate your acceptance.

If you have the boss from hell speak to an employment solicitor at MKB Law about constructive dismissal. Call: 028 9024 2450 or Email:

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