ACCA LW ^Eng Syllabus C. Employment Law - Distinguish Between Summary And Constructive Dismissal - Notes ^{2 / 6}

Here the Employer must show that the employee has made a conditional breach of contract eg. gross misconduct

If the Employer can't prove that then the employee has been wrongfully, and possibly unfairly, dismissed

The Employee must prove unfair behaviour by the Employer

Ccase law examples include:

1. Changing terms of the contract without consultation

2. Making significant changes to the location of work at short notice

3. Victimising or harassing staff

With Constructive dismissal the employee can then launch an unfair dismissal claim.

However please note: The employee MUST resign otherwise they are deemed to have accepted the employers
breach