Constructive dismissal

What is constructive dismissal?

Constructive dismissal is when an employee is forced to resign from their job because of their employer’s conduct.

What constitutes constructive dismissal?

If you resign from your job because of your employer’s behaviour, for it to be Constructive dismissal you would need to show that your employer committed a fundamental breach of your contract and as a result, you felt forced to resign.

Examples of constructive dismissal

The reason for leaving your job must be serious and must be a fundamental breach of your contract to constitute constructive dismissal. Examples include:

  • not paying you or suddenly demoting you for no reason
  • forcing you to accept unreasonable changes to your role without your agreement
  • bullying, harassment or violence against you by work colleagues
  • making you work in dangerous conditions

(Your employer’s breach of contract may be one particular incident or the last of a series of less important incidents that are serious when considered together)

What to do if work has got so bad that you feel you have no other option than to resign?

When work becomes intolerable and you can no longer carry on in your role as things are, make sure you talk to us before you resign. We offer a free initial advice call by phone where we can talk through your options.

  • You may want to resolve the issues you have at work yourself but need guidance. We can advise you on the steps you need to take to deal with the issue yourself.
  • If you would like to continue in your role but need someone to help you overcome the issues you have been having, we can liaise with your employer on your behalf.
  • Finally, if you feel you can no longer stay in the role and will be forced to resign, we can advise you on whether you have a constructive dismissal claim.

If you need further advice after your initial call, we also offer your first meeting for a fixed fee where we can look at documentation, discuss your options and advise you on your next steps. Call us today and let us help, we regularly advise clients on contructive dismissal.