Paternity Leave Rights and Constructive Dismissal
A wrongful termination can have serious consequences on a person’s financial stability and mental health. Having to find a new job, lose life and health insurance coverage, and navigate an unfamiliar employment law landscape can be incredibly stressful for any individual. Fortunately, there are legal remedies available that can help alleviate these negative effects. One of the most effective ways to do this is by pursuing a claim for constructive dismissal.
In short, if an employee feels forced to resign from their job as a result of intolerable working conditions created by their employer, they may be entitled to make a constructive dismissal claim against their employer. The onus is on the employee to prove that they were unable to work effectively for their employer due to intolerable circumstances, and that they did so despite raising these concerns with their employer. An employee must also show that their decision to resign was made as a result of a fundamental breach of an express or implied term in their contract or a serious breach of the implied term of mutual trust and confidence.
An employer must not treat an employee unfavourably because they took or sought to take maternity, paternity or shared parental leave. This includes refusing to give the employee opportunities for promotion or denying them access to facilities or training which they would have otherwise been entitled to, as this is discrimination under s.8 of the Equality Act 2010.
Maternity and Paternity Leave Rights and Constructive Dismissal
It is also illegal to penalize an employee for returning from maternity or parental leave, such as by reassigning their duties, changing their reporting structure, or reducing their compensation. Similarly, it is prohibited to change their job description or require them to work more hours, as this could be seen as a breach of the Maternity and Paternity (Construction) Regulations 1998. In the event that an employer decides to terminate an employee’s contract during maternity or parental leave, they must have a reasonable business reason and have given the employee adequate notice of their intention to terminate.
If you’re considering making a constructive dismissal lawyer, it’s important to seek expert legal advice early on in the process. Your legal team can evaluate the evidence and advise you on the best course of action to take, based on your unique situation. They can also help you determine how much compensation you might be able to receive.
Constructive dismissal claims are complicated, and many of them fail. However, taking the time to seek advice early on can help you assess your options and ensure that you’re not being treated unfairly. DavidsonMorris is an award-winning UK law firm with a global capability in employer solutions, immigration, employment, HR and international mobility. Led by Anne Morris, a leading UK immigration lawyer, and with rankings in The Legal 500 and Chambers & Partners, we provide multi-disciplinary support that drives people strategy, reduces legal risk, and nurtures talent. Contact us today to learn how we can support your organization.
