2. Fine Ltd specia has two offices, one in Edinburgh and the other, its nain off

Question

2. Fine Ltd specia has two offices, one in Edinburgh and the other, its nain office, in London. In January 20 lises in providing softvare to the financial services industry.It X3, Gus was employed as a software designer attached to the Edinburgh office. However, in May 20X4, Gus was informed that he was to be transferred to the head office in London, which is more than 350 miles from his usual workplace. Gus refused to accept the transfer on the basis that he had been employed to work in Edinburgh not London. Consequently, on 1 June 20X4 he wrote to Fine Ltd terminating his contract with then. Required (a) Explain constructive di smissal with regard to the termination of an eployment contract (5marks) (b) State two examples of constructive dismissal (5 marks) (c) State whether Gus can claim compensation for unfair di snissal (5 marks) (Total 15 marks)

Explanation / Answer

Constructive dismissal is a situation when an employee is forced to quit his job because of employer's conduct/decision. In such a situation, an employee resigns due to reasons such as bad working conditions or change in terms of the employment agreement. If an employee resigns because of the above factors, it is called constructive dismissal, however, the onus of proof of such a situation lies with the employee. This means that the employee has to prove that there has been a serious breach of contract of employment terms which forced the employee to take such an action.

There can be several situations that can be categorized under constructive dismissal:

In order to claim damages for constructive dismissal, the employee should have worked for a minimum number of years in a particular organization. Additionally, the employee (Gus) will have to prove that the case is of constructive dismissal. Further, this case will be handled by an employment tribunal that will inspect all the elements of the case. If all the above circumstances are proven, then Gus can claim the damages for constructive dismissal.

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