A constructive dismissal takes place when an employee leaves the company due to misconduct by the employer. The employee should present evidence that his or her employer committed a rude or illegal behaviour which is the reason for the resignation of the worker.
Since this kind of dismissal is hard to prove, you have to be careful to avoid it if there is a tendency your employer is planning to get you out from the company. Let’s take a closer look at some tips on avoiding constructive dismissal.
The first thing you have to do is to implement staff appraisals which show your company has a good reputation when it comes to implementing rules and procedures. You also need to take a look at the internal policies of the organization that involves grievance and the disciplinary procedures of each employee so that you don’t have a problem with them. Also, do your best to guide your employees towards the right work ethics to ensure they obey the regulations of the company.
Next, you need to create a staff handbook stating the rules and policies of the company. You need to make sure the book is user-friendly and has the essential information of the company so that all the staff have a better understanding of the procedures within the company. An up to date version of the book is also essential because an outdated one might result in a constructive dismissal if the employees don’t like the sudden change of company processes.
You need to deal with the staff in a fair and reasonable approach which gives them the impression that you care for their welfare and safety. You can make the gentle approach by having a regular meeting with the workers to talk about the grievances while they are working in the company. As an employer, you need to consider the happiness of your employees. You engage in some jolly talk with each of them to remove the awkward feeling they have and this gives you a bit of a boost to solve problems they have against the company.
Last, you have to communicate with the staff on a regular basis as it gives you the chance to understand their concerns better. You assess their weekly performance by giving them ideas to make their work better so that there is an improvement in the workplace together with the satisfaction of each employee. Furthermore, if you need to change some rules, change it as long as it benefits the greater good of the staff. Besides, it prevents constructive dismissal on the part of the employee because he or she sees that the company cares for its employees.
Constructive dismissal has a big effect on the image of a company and your capability as an employer, so it’s better to do the right things within the organization from the very beginning. It is better to do things the proper way than end up having legal issues with an employee or some kind of ongoing battle because this can bring down the morale of others.