What is Constructive Dismissal?
Constructive dismissal occurs when your employer's conduct is so serious that it fundamentally breaches your employment contract, forcing you to resign. In legal terms, you treat yourself as dismissed because your employer's behavior has made your position untenable.
Fundamental Breach of Contract
To succeed with a constructive dismissal claim, you must prove your employer committed a fundamental breach of contract. This could be a serious one-off incident or a series of smaller incidents that cumulatively breach the implied term of trust and confidence.
Common Examples of Constructive Dismissal
Examples include serious bullying or harassment, significant demotion or reduction in pay, forcing you to work in unsafe conditions, failing to address serious grievances, or making your working environment intolerable.
How to Resign for Constructive Dismissal
You should raise a formal grievance about the breach before resigning. If the issue is not resolved, resign clearly stating you are doing so because of your employer's fundamental breach of contract. You must not delay unreasonably after the breach, as this may suggest you have accepted the situation.
Challenges with Constructive Dismissal Claims
Constructive dismissal claims are notoriously difficult to prove. You carry the burden of showing the breach was fundamental and that you resigned in response to it. Success rates at tribunal are lower than for ordinary unfair dismissal claims.
Getting Legal Advice Before Resigning
Before resigning, speak to an employment solicitor. They can assess whether you have grounds for a claim, advise on the best course of action, and help you maximize your chances of success if you decide to proceed.