By: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
If your employer has made changes to your job responsibilities and you’re thinking, “This isn’t what I signed up for,” you might have a constructive dismissal claim.
When your job duties change in a big way—especially without your consent—it could amount to more than just an internal reshuffle. It could be a legal breach of your employment contract.
What is Constructive Dismissal?
In short, constructive dismissal occurs when an employer substantially and unilaterally changes a fundamental term of your employment agreement without your implied or express consent. This could make continued employment unworkable, forcing the employee to claim that their employment has been constructively terminated.
Does a Change to Job Duties Amount to Constructive Dismissal?
Yes, in some circumstances. When an employer unilaterally (without the employee’s express or implied consent) makes a substantial change to the employee’s duties, the change may amount to constructive dismissal. A significant alteration to job duties—especially if it undermines the original employment terms—can breach the employment contract.
Job duties are a core component of the employment relationship. Courts assess the overall context to determine whether the change fundamentally alters the contract and significantly impacts the employer—employee relationship.
What Do Courts Consider in Constructive Dismissal Claims?
Courts evaluate the following factors:
1. Whether the change to job duties is substantial enough to fundamentally alter the employment relationship.
2. Whether the employer made the change unilaterally, i.e. without the employee’s express/implied consent.
3. Whether a reasonable person, in the same situation, would feel forced to resign because of the unilateral change imposed by the employer.
Examples of Changes to Job ‘Duties’ That Could Constitute Constructive Dismissal
A. Demotion: An employer may demote an employee to a lower-level role, such as changing their job title, reducing responsibilities, or offering a less prestigious position. If the employee doesn’t consent, this demotion could lead to a constructive dismissal claim.
B. Additional Duties / Excessive Workload: If the employer adds more responsibilities without appropriate compensation, and the workload becomes unreasonable, the employee might have a case for constructive dismissal.
What Conduct is Unlikely to Amount to Constructive Dismissal?
If the employment contract has enforceable terms that allow the employer to make changes to job duties, the employee may not have a valid claim.
Employers can generally make minor adjustments to job duties, provided that the changes do not substantially alter the nature of the role or undermine a fundamental term of the employment contract.
What Should You Do if Your Employer Changes Your Job Duties Unilaterally?
A) Seek Legal Advice Immediately: Consult with an employment lawyer before taking any steps, including resigning. Resigning without legal advice could weaken your case or result in missing out on potential significant compensation.
B) Do Not Accept the Changes: If the changes are significant and the employer didn’t get your consent, don’t accept them. Do not continue to work under the new terms without clearly rejecting the changes in writing.
C) Document Everything: Keep a written record of the ways your employer is attempting to change your role, as well as your written objections to those changes.
Conclusion
Constructive dismissal claims often arise when an employer makes significant, unilateral changes to an employee’s job duties. These changes may alter the fundamental nature of the employment relationship and compel the employee to resign.
Not every change qualifies for a constructive dismissal claim, though. Workplace Sage Legal can provide you with tailored legal guidance before you make any decisions, especially if you’re considering resignation, to ensure that you protect your legal rights and any potential compensation (if any) as best as possible. Book a consultation today.
DISCLAIMER: This article/blog is provided for educational/informational purposes only. The views expressed are solely those of the author(s) and should not be attributed to any other party not listed as the author(s).
While reasonable efforts have been made to ensure the accuracy of the content provided, it does not constitute legal advice. Prior to relying on any aspect of this article, you should consult with a suitably qualified legal professional promptly in your relevant jurisdiction, to obtain advice tailored to your individual circumstances
Nothing in this article should be interpreted as forming a solicitor-client relationship or construed as a solicitation for legal services.
