Burden of Proof for Constructive Dismissal Claims
Generally, it is up to the employee to prove that they have been constructively dismissed. This means that they have to demonstrate that their employer’s actions made the workplace intolerable and compelled them to resign. The term ‘intolerable’ can be defined as a working environment that is so unpleasant or stressful that a reasonable person would be forced to quit their job. This is more than just a difficult or uncomfortable work environment, or an obnoxious boss.
To have a successful claim, an employee must be able to establish several key elements of their case. These include evidence that their employer knew of the hostile work environment, did nothing to remedy it, and that their resignation was a result of this intolerable situation. Additionally, they must be able to demonstrate that they would have continued their employment with the company if the hostile workplace conditions did not exist.
A breach of contract may be considered a constructive dismissal, but it is essential that the change in terms was a significant one and that it could not have been reasonably expected to occur under the original employment contract. For example, if an employer removes a company car from a senior member of staff who relies on it for their role, they could be found to have breached the implied term of trust and confidence in their employment contract. This is because the removal of this important tool is a significant change to the terms of the employee’s employment and it could not have been reasonably foreseen.
What is the Burden of Proof for Constructive Dismissal Claims?
An employee is also more likely to have a successful claim if they can show that their employer had already exhausted all internal complaints procedures or other avenues to address the issues. However, this is not a guarantee of success because it can be hard to prove that an employer knew about the hostile environment and did nothing to correct it.
It is also vital for employees to remember that if they are making a claim for constructive dismissal, they must do so promptly. This is because the clock on the statute of limitations begins to run as soon as they give notice of their resignation. It is therefore a good idea to seek legal advice as early on in the process as possible.
An experienced employment law attorney will be able to evaluate an employee’s claim and provide guidance about the best course of action to take. They will also be able to assist in the preparation of any documentation or communications that are necessary for making a legal claim. In addition, they can ensure that the deadlines for filing are met and will guide the employee through any legal proceedings that may be required. This is particularly important if they are seeking compensation for the financial loss caused by their dismissal. This could include back wages, notice pay and other similar losses. If you are considering making a claim for constructive dismissal, it is essential to speak with a knowledgeable lawyer as soon as possible.
