Constructive dismissal – prevention is better than cure

    March 2010

    Let us say that as employer you or your staff make some ill-advised remark or some inadvertent error in payroll which technically constitutes a fundamental breach of an employee's contract of employment. If you recognise that error, apologise for it and promptly make any necessary amends, should your employee nonetheless still be entitled to resign and claim constructive dismissal? In other words, can your breach of contract be "cured" by remedial steps you take before the employee chooses to resign?