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
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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