The concept of constructive dismissal
Employment law in this country has developed the concept of a constructive dismissal, as distinct from the usual ‘you are sacked’ when an employee is dismissed by their employer. So its where the employee resigns as a result of the employer’s conduct.
The statutory definition
The statutory definition is found in section 95(1)(c) of the Employment Rights Act 1996 (ERA 1996) which provides:
” (1) For the purposes of this Part an employee is dismissed by his employer if (and, subject to subsection (2) Â
only if) ?
(c) the employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct.”
The Premier League Doctors Association stated that Jose actions appeared Âdisproportionate,Â and it could appear to be a public humiliation for a highly qulaified medic who was only doing her job.
The facebook post was unlikely to be grounds for a demotion as it seemed proportionate to the treatment handed out by Jose.
So an own goal all round for Chelsea.