释义 |
constructive dismissal Termination of a contract of employment by an employee because his employer has shown that he does not intend to be bound by some essential term of the contract, including the implied term of mutual trust and confidence. Breach of the essential term by the employer ought to be such that it may be regarded as repudiatory or fundamental, rendering it unreasonable for the employee to be expected to stay (Brown v Merchant Ferries Limited [1998] IRLR 682 (NICA); Hilton International Hotels (UK) Limited v Protopapa [1990] IRLR 316 (EAT); Wadham Stringer Commercials (London) Limited v Brown [1986] IRLR 46 (EAT)). Although the employee has resigned, he has the same right to apply to an employment tribunal as one who has been unfairly dismissed by his employer (Western Excavating (ECC) v Sharp [1977] EWCA Civ 2). See also unfair dismissal. |