Employer Lying & Behaving Badly in Grievance What Are Your Options? #employmentlaw

Why It Matters

Recognizing when employer misconduct rises to constructive unfair dismissal enables employees to protect their rights, while prompting employers to maintain fair, evidence‑based grievance procedures to avoid costly litigation.

Key Takeaways

• Employer misconduct may constitute constructive unfair dismissal claim
• Mutual trust and confidence is implied in all contracts
• Resignation is required to pursue constructive dismissal claim
• Internal grievance processes should be exhausted before legal action
• Evidence of serious breach strengthens potential unfair dismissal case

Summary

The video addresses employees facing an employer who lies, withholds evidence, and behaves unreasonably during grievance or disciplinary procedures, outlining the potential legal avenue of constructive unfair dismissal. It explains that every employment contract carries an implied term of mutual trust and confidence, which obligates both parties to act reasonably toward each other.

When an employer’s conduct fundamentally breaches this implied term—such as by deliberately undermining the grievance process—the employee may have grounds for a constructive unfair dismissal claim. However, the claim is only viable if the employee resigns, demonstrating that the breach was so serious they had no realistic alternative but to quit. Absent resignation, the recommended route is to pursue internal remedies, hoping an impartial manager will resolve the issue fairly.

Key statements from the presenter include, “You and your employer have to behave reasonably to each other,” and, “You need to be clear that what the employer has done is a fundamental breach and very serious conduct that you have no choice but to resign.” These highlight the legal threshold and the necessity of clear evidence of the employer’s misconduct.

For workers, understanding these criteria is crucial to deciding whether to resign and litigate or to continue using internal processes. Employers, meanwhile, are reminded that any appearance of bad faith can expose them to costly claims, underscoring the importance of transparent, evidence‑based grievance handling.