A Guide to Constructive Dismissal in Ireland
Published on: 03/12/2018
Article Authors The main content of this article was provided by the following authors.
Rachael (Evans) Talbot Lead EMEA Employment Counsel at Stripe
Rachael (Evans) Talbot Lead EMEA Employment Counsel at Stripe
Rachael (Evans) Talbot

Former roles include Employment Law Associate at A&L Goodbody LLP.

A Guide to Constructive Dismissal in Ireland

Recent decisions of the Labour Court have reconfirmed the high bar to be reached by employees when making a claim for constructive dismissal. This month, Rachael Evans breaks down the key employment law issues and considerations that arise when addressing constructive dismissal claims - from both an employer and employee perspective.

  1. What is constructive dismissal?
  2. Who bears the burden of proof in constructive dismissal cases?
  3. In what circumstances will an employee resignation be considered to be a constructive dismissal?
  4. If an employee does not submit a grievance prior to their resignation will their constructive dismissal claim automatically fail?
  5. When will a resignation without a formal grievance still meet the threshold for demonstrating a

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/12/2018
Discover the smarter way to deliver staff training (without the stress)! Streamline your company-wide training, enhance your staff's skills, and in increase productivity with our learning management system, AppLI LMS