How to protect your business from a constructive dismissal claim

A Constructive Dismissal Claim is something that no business wants to be dealing with. This type of claim made by an ex-employee through a professional company such as is usually as a result of the unfair treatment of the employee by someone else, usually in a line management position, within your business. This could be the result of one large incident that has taken place or it can be as the result of a culmination of lots of smaller events that have led to the employee feeling like they have no alternative but to leave their position.

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There are some ways in which you can help to reduce the chances of an employee feeling mistreated and they can include some of the following:

  • Appraisals and performance reviews – making sure that your staff have regular opportunities to talk to you about what is going well and what they may need extra support with is a great chance to head off any problems that may be arising as soon as possible. It also creates an open environment where your employees feel supported and heard.

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  • Handbook & Policies – make sure that you develop a staff handbook and have a central place where your employees can access this and any policies that are relevant to your business. This allows them to know what is expected of them and what their rights and responsibilities are, as well as you demonstrating how you are going to support them.

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