Constructive Dismissal

Constructive dismissal is where your employer has committed a serious breach of contract, entitling you to resign in response to their conduct such as:

• Work-related stress;
• Bullying, victimisation or harassment;
• Refusing to make reasonable adjustments;
• Working in breach of health and safety laws; and/or
• Forcing you to accept unreasonable changes to your contract.

Differences between Constructive and Unfair Dismissal

A dismissal is when your employer ends your employment, with or without notice, either by not renewing your contract, or through their conduct. Constructive dismissal is when you have been forced to resign with immediate effect as a result of a serious breach of contract by your employer.

To claim constructive dismissal you need to be able to prove that your employer made a serious breach of your contract. As a result of which you resigned with immediate effect.

If you started before 6 April 2012, then you need to have been employed by your employer for only one year before you can claim unfair dismissal. Not all dismissals are unfair. However, your employer has to prove to the Employment Tribunal that your dismissal was fair and within reason.

Contact one of our employment solicitors today to assess whether you have grounds for constructive dismissal.