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Employment law

Constructive dismissal

Constructive dismissal occurs where an employee terminates the contract, with or
without notice, by reason of the employer’s conduct.

The employer’s conduct must be sufficiently serious for the employee to leave at
once. If he continues for any length of time without leaving, he may be regarded as
having affirmed the contract. Affirmation results in him losing the right to treat himself
as discharged.

Illustration 3 – Constructive dismissal

DONOVAN v INVICTA AIRWAYS 1970

Facts:

The employer put pressure on the employee, a pilot, to take abnormal risks on a
flight. The employer did this three times in quick succession. Each time the
employee refused. Relations with the management deteriorated and he
resigned.

Held:

The employer had committed a serious breach of contract and the employee
succeeded in his claim for constructive dismissal.

Illustration 4 – Constructive dismissal

Simmonds v Dowty Seals Ltd (1978)

Facts:

S had been employed to work on the night shift. When his employer attempted
to force him to work on the day shift he resigned.

Held:

He could treat himself as constructively dismissed because the employer’s
conduct had amounted to an attempt to unilaterally change an express term of
the employment contract.

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