Constructive dismissal in Ireland
The burden of proof is on yourself for Constructive Dismissal

The Legal position in summary.

A Constructive Dismissal claim has three legal ‘Tests’ to face before it can be accepted in the WRC. These  are:

  1. Fundamental breach of the employment contract.
  2. Appalling / Very bad unreasonable behaviour.
  3. Use of Employment procedures.

                                            Statute info

Legal precedent has established that any ‘breach’ in a Constructive Dismissal case has to be really fundamental – ”go to the heart of the contract” is the phrase used. This generally means a failure to pay wages or grant proper holidays or regularly ask an employee to do work that is completely inappropriate or demeaning.
The Legal precedents here require the behaviors to be so bad (the word egregious is often used) that no reasonable person could be expected to put up with it. Resignation has to be the only option for a reasonable person.
If you think you might be fitting in this category, but are not sure, please feel free to contact us.