Constructive Dismissal

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.

What our Clients Say:

” The service I received from Hannah Durham has been professional, friendly and clear from day one. Her expert knowledge and thorough work has made the whole process less stressful. Being able to ask as many questions along the way with quick and clear answers has been invaluable. Thank you for all of your support and advice. “

Steven Foster, Employment client

Key Contact

Hannah Durham

Head of Claimant Litigation

Contact us

Fill in our form or call us today and our team will happily direct you to the correct person to speak to.

Please note: We will only use your personal details to contact you in connection with your enquiry/legal matter.
For more information about how we keep your personal data safe and secure, please see our Privacy Policy.