Constructive dismissal, as is well-known, arises where an employee terminates their employment because the conduct of the employer is so unbearable that the employee cannot be expected to tolerate it and has no option but to resign. The burden of proof in such actions is a heavy one and rests with the employee. As such, constructive dismissal claims often fail because the employee cannot reach the high threshold of proving both the unreasonableness of their employer’s conduct and that their consequent resignation was reasonable. However, a number of successful claims of constructive dismissal have been reported in recent months and should be noted by employers.
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