Constructive dismissal

Constructive Dismissal – Protecting Your Rights When You Are Forced to Resign

Under certain circumstances, you may be entitled to claim compensation even if you resigned rather than being directly dismissed by your employer.

What is Constructive Dismissal?
Constructive dismissal occurs when your employer (or sometimes a manager, supervisor, or even a colleague) behaves so unreasonably or unlawfully that you are left with no choice but to resign. In such cases, your resignation is treated in law as a dismissal – a “constructive dismissal” – resulting from your employer’s serious misconduct.

Requirements for a Constructive Dismissal Claim

To succeed with a constructive dismissal claim, three key requirements must be met:
• Your employer must have seriously breached your contract of employment, including a breach of the implied term of trust and confidence. Unreasonable behaviour may or may not satisfy this requirement.
• Your resignation must be directly because of this breach – not for unrelated reasons.
• You must act without undue delay. If you continue working for too long after the breach, your employer could argue that you accepted the situation.

If these conditions are satisfied, you may have a strong claim for unfair constructive dismissal, provided you also meet the general eligibility requirements for unfair dismissal claims.

Examples of Serious and Fundamental Breaches

Constructive dismissal can arise from a wide range of employer behaviour, including:
• Reducing your pay without your agreement
• Changing your working hours or duties without consent
• Failing to provide you with work
• Serious breaches of trust and confidence, such as:
• Verbal abuse
• False allegations of misconduct
• Intimidating or bullying behaviour
• Mishandling complaints of sexual harassment

The ‘Last Straw’ Doctrine

Repeated minor breaches by your employer may, when taken together, amount to a serious breach. For example, one late wage payment may not justify resignation, but repeated delays could amount to a final ‘last straw’ justifying constructive dismissal.

Resignation – How to Protect Your Position

It is crucial to have clear evidence of your resignation and the reasons behind it. Wherever possible, resign in writing, setting out the circumstances that led to your decision. Avoid vague or overly positive language that could undermine your case. Be factual, direct, and ensure your reasons for resigning are clearly linked to your employer’s breaches.

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Do You Believe You Have Been Forced to Resign?

Strict time limits apply to bringing a constructive dismissal claim. Contact our experienced employment law solicitors today for a free, confidential consultation. We will assess your case and help you take the right steps towards securing the compensation you deserve.