Do I have a claim for constructive dismissal?
Constructive dismissal is when an employee is forced to resign from their job because of their employer’s conduct.
What is constructive dismissal?
Constructive dismissal is a form of 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 serious breach of your contract and, as a result, you felt forced to leave.
Possible examples of constructive dismissal
The reason for leaving your job must be serious and must be a fundamental breach of your contract. Examples include:
- a serious breach of your contract (for example, 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 serious incident or the last in a series of less important incidents that are serious when considered together.
‘I just can’t face going to work’
If you feel work has become unbearable and you can no longer carry on in your role, talk to us before you resign. If you would like to resolve the issues you have at work we can advise you as to the steps you need to take to deal with the issue yourself. Alternatively, we can liaise with your employer on your behalf or, if you feel you can no longer stay in the role, we can advise you whether you have a claim for Constructive Dismissal.
