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 NI
Issues covered:

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 to justify the employee’s resignation without notice;
  • The employee must resign in response to the

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

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

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 NI

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

View all articles by Chris Fullerton