‘Quiet firing’ is the notion of making an employee’s work environment so unappealing and toxic that the employee eventually quits.

It is a passive aggressive tactic occasionally deployed by employers which gradually makes an employee’s work environment so hostile that the employee is left with no other option other than to willingly leave.

 

Signs of quiet firing might include:

• resistance to award promotions and/or pay increases (often without reasonable explanation);
• allocation of menial and/or lower grade work;
• overworking;
• micromanagement;
• a lack of feedback and/or support;
• exclusion from the team and/or workplace activities; and/or
• unfair or unequal treatment.

The above signs are non-exhaustive, can be subtle and will often materialise over time.

 

What are the risks?

However, employers should be mindful of the key risks associated with quiet firing. These include potential claims for:

• Constructive dismissal: in circumstances where an employee believes that their employer has intentionally created an untenable working environment and, in doing so, has breached the implied term of trust and confidence, forcing the employee to resign. For an employee with less than two years’ service, the remedy for this claim may be limited to their notice pay. However, if the employee has more than this period of service, they could also pursue a claim for constructive unfair dismissal, for which the remedy could be much greater.
• Discrimination: where the conduct of the employer could have been motivated by an employee’s particular ‘protected characteristic’. For example, the hostile work environment may have been motivated by an employer’s frustration with managing an employee with a particular disability or because they have recently announced that they are pregnant. Such claims can be brought during the course of employment or in conjunction with a constructive dismissal claim. If an Employment Tribunal were to make a finding of discrimination, with the act of dismissal (including constructive dismissal) being discriminatory, this would lift the statutory cap on any compensation recoverable by the employee.
• Personal injury: where the conduct of the employer is so deplorable that it can be attributed (solely or in part) to an employee’s mental health condition, the employee could have a claim in the Civil Courts for personal injury.

 

If you are an employee with concerns that your employer is forcing you to leave your workplace, please get in touch with us here at People Legal. We are trained and experienced in handling all matters of employment law and can provide you with the information you need. We can also provide training on equal opportunities.

Call us on 0800 368 8470 or arrange a chat at www.people.legal/contact for free initial advice.

Please note the information contained in this briefing is intended as a general review of the subject featured and is not a substitute for obtaining specific legal advice.