Constructive Dismissal. No defence and still won.

There has been a case recently where an employer offered no defence and still won.

A constructive dismissal is basically where an employee resigns and claims they were unfairly dismissed because their employer left them no option except to resign.

Unlike an unfair dismissal case, the full onus of proof is on the employee. A key reason why the case often fails is because the employee has not used the grievance procedure prior to their dismissal. 

 A decision to resign and claim constructive dismissal is not one that should be taken lightly or rashly.