What is Constructive Dismissal?

Constructive Dismissal refers to a situation where an employee has to quit his/her job only due to the conduct of the employer and not on his personal will or fault. The resignation is thus either due to worsening work environment or any drastic change in the terms of the employment which leave the employee with no choice but to give up.

It is commonly seen in many organizations that employees usually leave their boss but stay in the same organization. This happens due to irrational behaviour of the boss, bullying, harassment, violence etc. Thus, when the employee changes his/her job due to the employer it is labelled as constructive dismissal but the employee has to furnish that the employer has conducted a critical breach of contract or code of conduct. The employee in such scenarios maintains the right to resort to legal action against the company and thereby also claim damages.