The Employment Appeals Tribunal has again re-iterated key rules for Constructive Dismissal by stating that:
“It has long been held by the Tribunal that the test for Constructive Dismissal is a high one. It has also been held that an employee with a grievance arising from his or her employment must, in the ordinary course and unless specific circumstances arise, inform his or her employee of the nature of the grievance and afford the employer an opportunity to resolve the matter”.
It is clear from this case (Simona Zaino v SAP) and other similar cases that employees are highly unlikely to succeed in a Constructive Dismissal claim if they have not taken steps to have their grievance resolved – internally and prior to their resignation.
Organisations defending a Constructive Dismissal claim should be fully aware of these findings.
At HRforSMEs we can help with all of your Disciplinary issues, including Constructive Dismissal situations, and all other HR issues – call Frank Scott-Lennon today on 01-278-8980 or 086-2560082