A constructive dismissal is where an employee resigns in response to a breach of contract by their employer. It refers to a situation where an employer breaches a term of the employee’s contract or protected rights which puts the employee in a position where they feel they have no option other than to resign.
In this situation an employee is entitled to treat themselves as having been dismissed.
Not every breach of contract will entitle an employee to claim constructive dismissal. In order to qualify, the breach must be serious and repudiatory (a serious or fundamental breach of a contractual term central to the employment contract). A claim for constructive dismissal can be brought as a result of a single fundamentally serious breach or as a result of continued breaches with the most recent incident regarded as the ‘final straw’.
Examples of fundamental breaches of contract are non-payment of wages or a breach of the implied term of mutual trust and confidence.
Ordinarily, you must have been continuously employed by the same employer for 2 years in order to bring a claim for constructive dismissal.
We appreciate that you may be unsure as to what type of dismissal is relevant to your case which is why we are happy to direct you accordingly.