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Can an employee claim constructive dismissal if a work colleague makes a discriminatory comment to them and the employer fails to discipline the colleague?

Posted in : First Tuesday Q&A NI on 3 December 2018
Chris Fullerton
Arthur Cox

Ultimately this will depend on the specific facts of the case but it is important to remember from the outset that it is difficult to successfully make a claim for constructive dismissal.

Constructive dismissal occurs when an employer breaches an employee’s contract of employment in such a serious way that it makes it untenable for the employee to remain in work. Therefore, in order for there to be a constructive dismissal, the following factors must be satisfied:

  • An actual or anticipatory breach of contract by the employer;
  • The breach must be repudiatory i.e. it must be sufficiently serious

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Back to Q&A's This article is correct at 03/12/2018
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.

Chris Fullerton
Arthur Cox

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

View all articles by Chris Fullerton