With targets to meet, deadlines to comply with, promotions to compete for and long, irregular working hours, the working environment can often be fraught and stressful. This, together with having to form and maintain working relationships with colleagues with whom you may not always see eye to eye, can sometimes lead employees to feel that they have little choice but to hand in their resignation. Whilst this may seem an extreme reaction, suffering in this manner at work can lead to health issues, relationship problems, lack of confidence and a general feeling of failure and incompetence.
There are laws are in place to protect the employee, and indeed the employer, in circumstances where relationships break down and discussions to try to resolve issues prove to be in vain. An employee who feels that, after all attempts to try and get to the bottom of the underlying problem at work, they have no option but to hand in their resignation may have grounds to make a claim for constructive dismissal if they do reluctantly ‘choose’ to terminate their contract of employment.
Constructive dismissal arises when the employee feels that it is impossible to keep working in the circumstances in which they have found themselves. These could include, for example, a reduction in pay or increase in hours (without agreement), an unreasonable change in working conditions, unattainable targets, bullying or harassment that has not been dealt with by the employer, or the onset of stress caused by working conditions.
Employers should have a grievance policy in place which can be referred to and adhered to by employees when discussions with their superiors have failed to lead to a resolution.
Constructive dismissal claims can be complex and it will be down to the employee to prove that they had no option but to resign from their position and terminate their contract of employment.