Potential claims that Emma might bring against the company if the Early Conciliation

procedure does not resolve the dispute

Having read the facts in this case, Emma is considering to resign at her own discretion if Best
Kitchen’s Ltd Mr Hancock, the company MD will continue to insist that she must report to work.
It is the reason she files suit against the company over constructive dismissal. Emma thinks she
is unfairly treated for refusal to turn up for work. So far she has no received any oral or written
warning requiring her to because of missing to report to work. When Tim asked Emma if she
would consider undergoing the disciplinary procedure she does not care and goes forward to file
claims for constructive dismissal. Filing this claim, Emma believes the company is working her
way out the company.
Normally constructive dismissal occurs when the employer terminates the employment contract
of the employee without or with a prior notice. When the employee resigns it is considered as an
involuntary resignation which is subject to breach of contract by the employer. If the actions of
the employers towards employee resignation are unreasonable, and the employee was not left
with other remedy than resign, this will be considered as a breach of contract. Usually, an
employee is entitled to the regard of their contract if the conduct of employer shows that there
will be no longer intention to be bound by the terms of contract that are essential to the contract.
Also, where the conduct of the employer results to the breach of contract in actual sense, it may
be regarded as a breach of contract and when the conduct of the employer was unreasonable.