How to Avoid Constructive Dismissals
Now, more than ever, businesses are modifying and evolving in order to keep up with changes in social and industry trends, work environments, office locations, and the economy. Generally, your business evolving is a good thing and means you’re doing well but major changes to the organization of your business can also lead to constructive dismissals. As an employer, you need to be aware of how to make changes at work, without forcing employees out.
What is Constructive Dismissal?
It’s no secret that hiring and firing are pretty common and well-known practices while running a business. What is less talked about are constructive dismissals. A constructive dismissal happens when a unilateral change made to an employee’s contract or overall employment relationship is so significant that it basically breaks the contract. A change leading to a constructive dismissal claim must be fundamental and done without the employee’s agreement, leaving the employee feeling like their only option is to resign and sue for breaking that contract.
The pandemic has taken its toll on workplaces. Employees are no longer prepared to take it for the collective team at the expense of self-care and family, and employers are stretched on time, budgets and bandwidth as everyone settles into the new post-pandemic era. There is currently a disconnect between what is “the job” and what are the “above and beyond” parts of the role, resulting in a fresh wave of communication gaps and misunderstandings in the workplace.
