Constructive Dismissal

What is a standard Constructive Dismissal Claim ?


A claim of constructive dismissal is one brought on the basis that an employee’s working circumstances have been made intolerable by the employer thus giving the employee no alternative but to leave employment. As the resignation was not truly voluntary, it is in effect a termination.


What should you do, if this situation arises in your working life ?


  • Speak to your line manager or someone from your HR department. Try to resolve the matter through the normal chain, if possible. Record your efforts.
  • Follow the standard grievance procedure prior to resignation and legal action.
  • Follow the Industrial relations procedures prior to resignation and legal action.
  • Ask your Solicitor for advice before resigning - Prevention is always number 1 and cure number 2.
  • Only resign when all the avenues have been exhausted and essentially you have done what you can do.


What is the Employment Appeals Tribunal Who are the Tribunal ?


The Employment Appeals Tribunal (EAT) is an independent body in Ireland which allows individuals to use this informal and inexpensive way to obtain redress for infringements of certain employment rights.



Who are the Tribunal ?


The Employment Appeals Tribunal consists of a Chairman and Vice-Chairmen together with an equal number of members nominated by the Irish Congress of Trade Unions and the various Employers Organisations.



Can I appeal a Tribunal decision to the Circuit Court ?





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Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.