Health care professional’s UD claim fails due to inconsistencies in evidence and failure to utilise internal grievance procedure

Section 1 of the Unfair Dismissals Acts 1977 to 2015 defines constructive dismissal in the following manner;

“the termination by the employee of his contract of employment with his employer, whether prior notice of the termination was or was not given to the employer, in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled, or it was or would have been reasonable for the employee, to terminate the contract of employment without giving prior notice of the termination to the employer”.

Essentially constructive dismissal occurs when an employee feels that, due to the actions of their employer, they have no other option but to resign their position.