Advice On Constructive Dismissal (Letter To Employee)
Publisher one
ƵSource file
Jurisdiction
England and WalesCost
Free to useRelevant sectors
Type of legal document
📝 Constructive dismissalBusiness activity
Terminate an employeeA constructive dismissal is a claim that can be made against an employer who has committed a serious breach of contract, which has led to the employee feeling that they have no choice but to resign. The breach of contract can be either express (written into the contract) or implied (not written into the contract but understood to be part of it). In order to succeed in a claim for constructive dismissal, the employee must show that the breach of contract was serious enough to justify their resignation.
This legal template provides guidance and advice to an employer seeking to address a potential constructive dismissal situation concerning their employee in the context of United Kingdom (UK) employment laws. Constructive dismissal refers to a situation where an employee chooses to resign due to the employer breaching their employment contract terms or creating an intolerable work environment.
The template contains a letter addressed to the employee, which aims to outline the employer's perspective and highlight their concerns regarding the employee's resignation. It provides an opportunity for the employer to respond to the employee's claim of constructive dismissal and potentially find a resolution to the issue. The letter may cover various aspects, including a factual analysis of the events leading up to the resignation, an assessment of the employee's allegations, and an invitation to further discuss the matter.
Alongside the general advice on handling a constructive dismissal claim, the template may also include standard legal language and references to relevant UK employment laws. It is important to note that this template is meant to serve as a starting point for the employer to adapt their specific circumstances and seek professional legal advice if needed. The aim is to address the employee's concerns and potentially avoid costly legal proceedings that could arise from unresolved constructive dismissal claims.
The template contains a letter addressed to the employee, which aims to outline the employer's perspective and highlight their concerns regarding the employee's resignation. It provides an opportunity for the employer to respond to the employee's claim of constructive dismissal and potentially find a resolution to the issue. The letter may cover various aspects, including a factual analysis of the events leading up to the resignation, an assessment of the employee's allegations, and an invitation to further discuss the matter.
Alongside the general advice on handling a constructive dismissal claim, the template may also include standard legal language and references to relevant UK employment laws. It is important to note that this template is meant to serve as a starting point for the employer to adapt their specific circumstances and seek professional legal advice if needed. The aim is to address the employee's concerns and potentially avoid costly legal proceedings that could arise from unresolved constructive dismissal claims.
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