How to Prevent Constructive Dismissal with External HR Support
When it comes to workplace issues, the most common problems occur when there are no clear workplace policies and procedures in place.
This is particularly important when it comes to the matter of staff resignations.
When a person resigns from their position, there are many factors to take into account and the reason behind that resignation is crucial.
It is not always a clear-cut decision for an employee to move to a new role in a different business that leads to them resigning.
This is when complicated issues such as constructive dismissal may arise.
What is constructive dismissal?
Not many people would be aware that even though an employee resigns, they could still claim that they were unfairly dismissed.
The term ‘constructive dismissal’ is essentially the situation where a person resigns from their job but was forced to do so because of the actions of their employer.
If an employee makes a claim of constructive dismissal, they are basically saying that they have resigned because there was no other choice. The employee must then demonstrate that their resignation was a result of coercion in order to succeed.
The most common claim of constructive dismissal is made when a person leaves their job because they were the victim of bullying or harassment at work, either from the employer or their co-workers.
It is in these circumstances that the employee may claim that he or she was compelled to resign because the employer failed to properly deal with this behaviour. This applies to an employer who makes changes to the employee’s roster or ordinary working hours in a way that they know will have a detrimental effect on the employee.
How to deal with discrimination
To be eligible to seek relief through the unfair dismissal claims process, an employee must have been dismissed. Where an employer terminates an employee’s contract of employment, this element is clearly met.
It can be less clear in the situation where the employee has resigned but brings a claim of a constructive dismissal argument. Before making a determination about whether the dismissal was unfair in these cases, the Fair Work Commission must first decide whether the employee’s dismissal (as a result of the employer’s conduct, or course of conduct), before determining whether the dismissal was unfair.
How to prevent constructive dismissal with the right support
By utilising the best in external HR support, you can often prevent issues such as constructive dismissal. This is when having the correct workplace policies and procedures in place can be invaluable.
With expert advice and guidance, you can protect your business from the serious issues of unfair dismissal claims.
Some of the most fundamental preventative measures are:
- Making sure that employee engagement is a part of your HR processes can be very beneficial.
- Supporting staff by offering help when they are encountering workplace difficulties or issues. By actively listening and empathising, employees can feel they are supported by you.
- Guaranteeing that your workplace is bullying and harassment-free.
- Communicating clearly any changes in the workplace, or in your employee’s role, and verifying and documenting their understanding.
These are simple but important steps in preventing unfair dismissal claims. To implement them effectively, it makes sense to engage the help of experts.
Making better business decisions
The matters of unfair and constructive dismissals can be extremely complex and need to be addressed on a case-by-case basis.
This is when having the best professional advice can be invaluable, especially before making any decision regarding dismissing an employee.
That’s where Clyde Industrial leads the way.
We’re able to offer employers expert guidance in representation in unfair dismissal and general protection matters.
Contact us today for the ultimate in external HR support and service for your business.