This is defined by S.1 of the Unfair Dismissal Act as

‘’The termination by the employee of his contract of employment with his employer, whether prior notice of the termination was or was not given to the employer, in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled, or it was or would have been reasonable for the employee, to terminate the contract of employment without giving prior notice of the termination to the employer’’.

If an employer fails to pay an employee during the maternity leave which is provided for by the employment Contract or Company Handbook, an employee can commence a legal action that she was unfairly dismissal by reason of constructive dismissal, because her employer refused to pay the maternity leave.

She is entitled to claim the employer’s failure to pay the salary amounted to a beach of contract which demonstrated the employer no longer intended to be adhere to the contract terms between the parties.

If an employee finds themselves in this position, it is important to firstly follow Grievance Procedures and exhaust each workplace procedure to try and internally resolve the dispute before resigning, and considering legal action.

Cleary & Co. Solicitors, Litigation Law Firm 

Kieran Cleary and Roger Cleary Employment Law Solicitors can help with questions you may have regarding employment law matters and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com

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. Legal advice should be sought from a solicitor prior to relying on anything in this article.

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.