Constructive Dismissal – An employee must raise concerns before resigning

The recent case of An Account Manager v a Service Provider ADJ-49297 dated 8th November 2023 must serve as a timely reminder for employees who resign without raising concerns or grievances to their employer and subsequently claim constructive dismissal under the Unfair Dismissal Acts 1977 (as amended).

In this case the Adjudicator noted

I am not satisfied that the Complainant had no alternative other than to tender her resignation when she did so on the 14th of June 2022. In situations such as these, there is some obligation on the unhappy Employee to make the source of that unhappiness known to the Employer. This might be done by way of a formal grievance or some other (less formal) mechanism. This affords the Employer an opportunity or a  chance of finding accommodation, or otherwise remedying the situation. The Complainant herein did not signify she was unhappy at how she was being managed in the course of the employment. She presented her resignation without comment, and it was not until nearly a year later that she suggested she had been unhappy and forced out of the workplace”

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