In this month’s First Tuesday Q&A, Bernard Martin, Solicitor in A&L Goodbody’s Employment Practice Group, provides some insights on constructive dismissal and looks at case law in the area, including some recent decisions.

What is a Constructive Dismissal?

Constructive Dismissal arises where it is reasonable for an employee, due to their employer's conduct to resign or, again as a result of employer conduct, the employee has suffered a unilateral and fundamental change to his/her terms and conditions of employment.

Section 1 of the Unfair Dismissals Act defines constructive dismissal as:

"The termination by the employee of his contract of employment with his employer…….in circumstances in which, because of the conduct of the employer,