Discriminatory dismissal

Constructive Discriminatory Dismissal is prohibited

Where direct discrimination occurs it can often be clear that the employer is in breach of the Equality acts. What about the situation where you are treated in an unacceptable manner because you are associated with one of the automatically discriminatory grounds to such an extent that you can endure it no longer and are forced to resign. Anyone who is forced to resign from work because the treatment they have received was intolerable and in breach of any of the 9 grounds mentioned in the Equality Acts is protected under the acts. This is known as constructive discriminatory dismissal.

The usual test for constructive dismissal applies. This test asks whether the employer conducts his or her affairs in relation to the employee, so unreasonably that the employee cannot fairly be expected to put up with it any longer.

For more on constructive dismissal see

If you are considering resignation as a result of the treatment you are receiving, please contact us before you do so. There are a lot of factors to consider before you take that final decision.

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