Frequently Asked Questions

What is Constructive Dismissal?

Constructive dismissal occurs when an employee resigns from their job due to their employer’s behaviour, which has fundamentally breached the terms of their contract. This behaviour can include bullying, discrimination, forced changes to working conditions without consent, or failing to pay the employee properly.

What Constitutes a Fundamental Breach?

A fundamental breach refers to an action by the employer that goes to the core of the Employment contract – the initially agreed upon employment terms. Examples may include a substantial change in job duties, reducing pay without agreement, failing to provide a safe working environment, or failing to address serious issues such as harassment or discrimination.

Do I Have a Case for Constructive Dismissal?

To bring a case for constructive dismissal, you must demonstrate that:

1. A fundamental breach occurred.
2. You resigned because of that breach.
3. You did not delay your resignation, thus showing that you have ‘accepted’ the breach.

How Should I Resign if I Intend to Claim Constructive Dismissal?

Before you resign, there are initial steps you should take, including raising a grievance and following those correct procedures, where you can raise and evidence your concerns over your employer’s conduct. Next, it is advisable to provide a clear written letter stating the breaches that have led to your resignation. Unless, however, you feel it would be too distressing to include these details. Under those circumstances, an employment tribunal may well consider this, and the facts of each case will be determined. Employment law disputes of this nature can be complex to navigate, and it is always advisable to seek early legal advice before making a constructive dismissal claim. An employment lawyer can help you evaluate your chances of a successful employment tribunal claim and guide you through the next steps.

What Can I Expect from a Constructive Dismissal Claim?

If successful, you may be entitled to compensation which considers lost earnings, the manner of dismissal’s effect on future job prospects, and any out-of-pocket expenses.

In most cases, the first stage of making a claim to an Employment Tribunal will be to get in touch with the Advisory, Conciliation and Arbitration Service (Acas) to begin mandatory ‘Acas Pre-Claim Conciliation’, also known as ‘early conciliation. You will be expected to follow the correct procedures set out in this process. Read our previous article: Employment Tribunals – What is the process and what to expect.

However, going straight to an Employment Tribunal should be a last resort in your attempt to resolve a dispute with your employer, and other forms of dispute resolution should be considered.

Our specialist employment law team can advise you on your rights and the appropriate course of action for your situation.

How Long Do I Have to Make a Claim?

In the UK, you typically have three months less than one day from the last act constituting the breach to bring a claim. However, we recommend seeking advice as soon as possible as other factors may need to be considered.

How Can Our Constructive Dismissal Solicitors Help?

Our specialist employment law solicitors can guide you through every step of the process, from understanding if you have a valid claim to negotiating settlements and representing you in Employment Tribunals. We pride ourselves on our compassionate, personalised, and efficient service, aiming to minimise disruption and maximise results. We help you with every stage of your claim and employment law matters, including:

• Advising you on your internal grievance procedure
• Guiding you through the ACAS early conciliation process
• Taking your claim to the Employment Tribunal.
• Negotiate a settlement agreement and severance package with your employer should your position become untenable.

Remember, every situation is unique and requires legal advice tailored to your circumstances.

The last 10 years or so have seen the introduction of numerous regulations which influence the employer-employee relationship, and as our methods of working change, we will undoubtedly see more. We pursue and defend claims on behalf of employers and employees and can provide advice and assistance with all employment law matters and disputes.

If you need help with potential constructive dismissal or any other employment law matter, please get in touch with us on 0330 0250 183 or [email protected] to discuss the best way forward for you, and we will provide you with further and specific advice tailored to your circumstances.

This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of employment solicitors.

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