​​So, you receive a call from HR or your manager, asking you to attend a meeting. During the meeting, you’re informed that the company is undergoing restructuring, resulting in various positions and reporting lines being reassigned.

Previously, you reported directly to the Director of Sales, but you are now told that you will report to the Sales Manager instead. You realize you have been with the company for two years before the Sales Manager was even employed, and by rank, you are either their senior or an equal.

Uncomfortable with this arrangement, you decide to submit a voluntary resignation. The company acknowledges and accepts your resignation, wishing you the best in your future endeavors.

What you might not realize is that your resignation could be classified as constructive dismissal.While situations like this happen regularly, it’s essential to recognize that what appears to be a voluntary resignation might actually be constructive dismissal.

What is Constructive Dismissal?

Constructive dismissal occurs when an employer fundamentally changes a key term of your employment or creates a work environment so intolerable that you feel forced to resign.

Examples include but are not limited to:

Legal Considerations:

If your resignation was effectively forced due to constructive dismissal, you may be entitled to pursue a claim for wrongful dismissal. Here’s what you should do:

Take the case of Mr. John Doe (name changed for confidentiality), for example. He resigned voluntarily because he was uncomfortable reporting to a manager of equal or lesser rank. After consulting our employment lawyer, they determined that his situation met the criteria for constructive dismissal. As a result, he received a cash settlement.

Next Steps:
Constructive dismissal is a serious matter that undermines employee’s contractual rights. If you think you’ve been constructively dismissed, we’re here to help. Contact our office today to schedule a consultation and explore your options. In nearly every case, we are committed to achieving significantly improved outcomes for our clients and without unnecessary delay.

Disclaimer: This is general information and not legal advice. Past results do not guarantee future outcomes. Each case is unique, and results will vary based on individual circumstances.