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A claim for constructive dismissal might be made to a Tribunal if an employee terminates (resigns) their employment claiming that in effect they had no choice but to resign given the treatment of their employer. Typically, to win a claim at Tribunal, the employee must prove that there has been a fundamental (rather than minor) breach by the employer. We find lots of employees threaten constructive dismissal, but relatively few seem to pursue it - although do not let this encourage you to treat any claim lightly, especially if they are still employed by you and not happy with the way they are being treated. If someone does make this sort of claim whilst they are still employed, consider whether it would be sensible just to treat the claim as a formal grievance and for it then to be managed through the grievance procedure.
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