Constructive dismissal refers to an employee leaving an organisation usually because the trust and confidence implied in every employment contract had broken down. Workers leave jobs and subsequently take actions against the employers.
The Court of Appeal has said that employees cannot ask a tribunal to order payouts to compensate for the behaviour of an employer that led to the constructive dismissal. For this they must pursue a normal case through the courts, the Court said.
"Whilst the employer's repudiatory conduct [causing the breakdown of trust and confidence] is an essential condition of a constructive dismissal, it is not that conduct that effects the dismissal. It is the employee's acceptance of it," said Lord Justice Tuckey in his ruling. "Damage caused by that conduct is not damage suffered in consequence of the dismissal."
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