Constructive Dismissal Solicitor

Constructive Dismissal Claims under Irish Law

Constructive dismissal claims and Irish employment law

Claims for constructive dismissals are generally based upon two tests: the contract test and the reasonableness test. In brief, the contract test ascertains whether the employee’s resignation arose as a consequence of a breach of contract by the employer, whereas the reasonableness test evaluates whether the actions of the employer were so unreasonable that the employee was left with no option but to resign.

Constructive dismissal claims - breach of contract

A constructive dismissal claim may be successful if it can be shown that ‘the employer is guilty of conduct which is significant breach going to the root of the contract of employment, or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract, then the employee is entitled to treat himself discharged from any further performance’.

Constructive dismissal claims - unreasonable behaviour of employer

Examples of unreasonable behaviour includes: the failure by the employer to provide pay and benefits to the employee; downgrading or demoting an employee, without valid reasons or agreement; disciplinary penalty by an employer without complying with the agreed disciplinary procedure; breach of the employers’ safety obligations; unilateral alteration of the contract, such as change in working hours; change in job descriptions/duties; change in pay; and/or change in location.

Resigning and bringing a constructive dismissal claim

In order to bring a claim for unfair dismissal by way of constructive dismissal, in most circumstances, the employee must have 12 months’ continuous service with his or her employer. An employee should use any complaints or grievance procedure available before resigning. Claims must be brought to the Workplace Relations Commission within six months of the date of the termination of employment.