What Are the Signs of Constructive Dismissal?

Signs of Constructive Dismissal

There are many signs of constructive dismissal and these depend on the circumstances of each particular case. For example if you have just had a bad meeting with your boss then you might well wish to consider this as a possible warning sign. You could also request that your boss to explain his reasoning for making the changes. If your boss refuses to do this then you should consider taking further action.

constructive dismissal

The first of the signs of constructive dismissal is the change in working hours. If you are told that you are being dismissed then you will be expecting a change in working hours. But how will you feel? Will you have the same pay for the same work? If not then there is likely to be a wage imbalance. An essential term is “reduction in pay”

The second sign is the change in shift scheduling. How will it affect your working pattern? Will there be another shift to take over your regular shift or will you be required to work a few extra hours on a different day? Again, if your employer refuses to acknowledge the fact that you have been given constructive dismissal then you may well be entitled to compensation.

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What Are the Signs of Constructive Dismissal?

The third sign is a forced resignation. If you have been given notice of a disciplinary tribunal then you may well be entitled to compensation for breach of dismissal law. It is imperative that you understand the terms of a disciplinary hearing before you attend one so that you know what to expect. If you are asked to attend a disciplinary hearing and you are found guilty of a breach of dismissal law, then you can lose your job.

The fourth common law warning sign is a change in grooming standards. For example, if you were expected to wear proper uniform in the workplace, but this is no longer the case then you may have been unfairly dismissed. This may only apply if you have been made redundant or if you have been unfairly chosen for a promotion or pay increase.

Lastly, there is the sign of possible redundancy. You can only apply for this if you have been made redundant through your employer’s fault and this is usually the last resort. You must also apply for a review within the time-frame specified within the notice of intent if you want to challenge the legality of your termination. You can find out more about these and other common law warning signs by visiting LawNet.