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Can Constructive Dismissal Claims Be Resolved Through Arbitration?

Constructive Dismissal Claims Be Resolved Through Arbitration

If you feel that you are being constructively dismissed by your employer, you may wish to pursue a legal action against them. However, before you do this, it is important to understand the different options available. One option is to use alternative dispute resolution (ADR), which is a process whereby both parties present their case to a neutral third party. The decision made by the arbitrator is then legally binding.

Another option is to take the matter to tribunal. Here, a judge hears your complaint in a private room and can make a legally binding decision that is then enforceable in court. The benefit of this option is that it allows you to be represented by a lawyer, which can be vital in cases such as this.

In both cases, you will need evidence to support your claims. This can include physical and written documentation such as emails, notes from meetings with your manager, or one-on-one conversations. It is also advisable to keep records of any incidents that you have experienced. Having this evidence can help prove your case in ADR or at tribunal.

To prove a claim of constructive dismissal, you must show that your employer committed a fundamental breach of contract. This can be a breach of an express or implied term in your employment contract. For example, a fundamental breach of the implied term of trust and confidence could occur where your employer behaves in a way that is “likely to destroy or seriously damage the relationship of trust and confidence between them”.

Can Constructive Dismissal Claims Be Resolved Through Arbitration?

The law protects employees who are constructively dismissed from unfair or wrongful termination. This includes laws on whistleblowing, sexual harassment and workplace discrimination. You can also pursue a legal claim if you are suffering from psychological distress, which is a common side effect of being constructive dismissal lawyer near me.

Constructive dismissal is a serious issue, and there are long-term consequences for the employee. For example, it can be difficult to find a new job as the employee may have to reveal why they left their previous position during interviews. In addition, it can hurt their pride and self-esteem as well as their source of income.

It is therefore advisable to seek legal advice as soon as you start to notice any issues with your employer’s behaviour. Your lawyer will be able to assess the situation and advise you about the best course of action for you. In some cases, it may be appropriate to raise a grievance with your employer, which can be done through a formal ‘Without Prejudice’ letter. This is where you detail the specific breaches of contract, and give your employer the opportunity to resolve them before they cause you to resign.

On the other hand, fiduciary duty pertains to the legal obligation one party has to act in the best interest of another party. In an employment context, fiduciary duties often arise in relationships where one party (typically the employer or an employee with significant authority) owes certain obligations to the other (usually the employee or the employer’s interests at large). These duties are generally higher than the typical duty of care owed in business relationships and may include obligations of loyalty, good faith, and disclosure.

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