If you have resigned because of your employer’s conduct, or you are considering resignation because your working position has become untenable, our constructive dismissal solicitors can help you understand your rights and the practical steps available to you.
Constructive dismissal claims are often difficult because the employee must usually show that the employer committed a serious breach of contract, that the resignation was a response to that breach, and that the employee did not wait so long that they were treated as having accepted the situation. Early advice can help you avoid common mistakes and protect your position before Employment Tribunal deadlines expire.
Our experienced employment lawyers advise employees across England and Wales on constructive dismissal, unfair dismissal, workplace disputes, ACAS Early Conciliation, settlement negotiations and Employment Tribunal claims. To speak to one of our constructive dismissal solicitors, call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
What is Constructive Dismissal?
Constructive dismissal is where an employee resigns because the employer’s conduct has seriously breached the employment contract. Although the employer has not expressly dismissed the employee, the law may treat the resignation as a dismissal if the employer’s breach was sufficiently serious.
In most cases, constructive dismissal is pursued as a form of unfair dismissal under the law of England and Wales. The focus is not simply whether the employer behaved unfairly, but whether the conduct amounted to a fundamental breach of contract. That breach may relate to a written term, such as pay or duties, or an implied term, such as the duty of mutual trust and confidence.
The duty of mutual trust and confidence means an employer must not, without reasonable and proper cause, act in a way that is likely to destroy or seriously damage the employment relationship. Many constructive dismissal claims turn on whether this duty has been breached.
When should you contact Constructive Dismissal Solicitors?
You should consider taking advice from constructive dismissal solicitors if your employer’s conduct has made your position untenable, particularly where you are thinking about resigning or have recently resigned. Official guidance recognises that constructive dismissal may arise where an employee is forced to leave because of serious employer conduct. This may include non-payment of wages, sudden demotion without good reason, unreasonable changes to working arrangements, or allowing bullying or harassment to continue.
Examples of employer conduct that may amount to Constructive Dismissal
Every case depends on its facts, but examples of conduct that may support a constructive dismissal claim include:
Sudden reduction in pay or status
A significant and unilateral reduction in salary, or a demotion without a justifiable reason, often serves as a clear basis for a constructive dismissal claim. These actions fundamentally alter the employment agreement and can make the work situation untenable for you as the employee.
Harassment and bullying
Persistent harassment or bullying by co-workers or supervisors can create a hostile and intolerable work environment. If your employer fails to address such situations effectively after being informed, it could lead to a claim of constructive dismissal.
Changes in working conditions
Imposing drastic changes such as relocation, shift changes, or substantially different job duties without your consent or without contractual allowance can constitute constructive dismissal. This is particularly relevant if the change makes it impossible or unreasonably difficult for you to continue in your role.
Unsafe work environment
Maintaining a work environment that becomes unsafe or harmful and shows a disregard for your well-being can also be grounds for constructive dismissal. This could include failure to follow safety protocols or not addressing new safety hazards.
The Legal Test for a Constructive Dismissal Claim
To succeed in a constructive dismissal claim, an employee will usually need to prove four connected points.
1. The employer committed a fundamental breach
The breach must be serious enough to go to the root of the employment contract. Minor disagreements, ordinary workplace frustrations or isolated management decisions will not usually be enough unless they form part of a wider pattern or final straw.
2. You resigned in response to that breach
You must show that the employer’s conduct was an effective cause of your resignation. If the employer argues that you left for an unrelated reason, such as another job offer or personal circumstances, evidence linking the resignation to the breach will be important.
3. You did not affirm the contract
If an employee carries on working for too long after the breach without objecting, the employer may argue that the employee accepted the breach and affirmed the contract. Timing can therefore be critical. However, each case is fact-specific, and employees should obtain advice before resigning or delaying further.
4. The dismissal was unfair
Even where constructive dismissal is established, an Employment Tribunal will also consider whether the dismissal was unfair. This can involve questions about the employer’s reason, procedure and whether the employer acted reasonably in all the circumstances.
Evidence needed for a Constructive Dismissal Claim
Constructive dismissal claims are evidence-sensitive. It is not enough to say that the workplace became intolerable. You will need to explain what happened, when it happened, who was involved, how the employer’s conduct breached the contract, and why it caused you to resign.
Documents that may help prove a constructive dismissal claim
- Employment contract and any variation letters;
- Staff handbook, policies and grievance procedures;
- Emails, letters, text messages and workplace chat messages;
- Payslips, bonus records, rotas and working time records;
- Meeting notes, appraisal documents and performance correspondence;
- Grievance documents and the employer’s response;
- Medical evidence where your health has been affected; and
- A clear timeline of events leading to resignation.
Our constructive dismissal solicitors can help you identify which evidence is most important, what additional documents may be needed, and how to present the chronology clearly if the dispute proceeds to ACAS Early Conciliation or the Employment Tribunal.
Should you resign before speaking to Constructive Dismissal Solicitors?
Resignation is a major step. In some cases, resigning quickly may be necessary to avoid an argument that you accepted the employer’s conduct. In other cases, raising a grievance, gathering further evidence or negotiating a settlement may be more appropriate before resignation.
Before resigning, it is sensible to obtain advice from constructive dismissal solicitors on whether the employer’s conduct is likely to meet the legal threshold, whether your evidence is sufficient, whether you should resign with or without notice, and how your resignation letter should be worded.
Constructive Dismissal time limits and ACAS Early Conciliation
Employment Tribunal time limits are strict. For most constructive unfair dismissal claims, the claim must be presented within three months less one day from the effective date of termination. In a resignation case, this is usually the date your employment ends, although the position can depend on whether you resign with immediate effect or give notice.
Before bringing most Employment Tribunal claims, you must notify ACAS and go through Early Conciliation. ACAS explains that notifying them within the tribunal time limit can pause the limitation period while early conciliation is ongoing. Because limitation rules can be technical, you should not rely on an assumed deadline without taking advice.
How our Constructive Dismissal Solicitors can help with the claims process
The right approach will depend on your circumstances, but a constructive dismissal claim will commonly involve the following stages.
Initial legal assessment by employment tribunal solicitors
Our employment tribunal solicitors review your employment status, length of service, contract, evidence, relevant events and potential tribunal claims. We will also consider whether any connected claims may arise, such as discrimination, whistleblowing, unlawful deduction from wages, breach of contract or unfair dismissal.
Resignation and grievance strategy
Where you have not yet resigned, we can advise on whether to raise a grievance, how to respond to the employer, and how to avoid weakening your position. Where resignation is appropriate, we can help with careful wording so that your reasons are clear and consistent with the evidence.
ACAS Early Conciliation for constructive dismissal claims
ACAS Early Conciliation is usually required before an Employment Tribunal claim can be submitted. It may provide an opportunity to resolve the dispute through negotiation. If settlement is not reached, ACAS issues a certificate number that is normally needed for the ET1 claim form.
Employment Tribunal claim for constructive dismissal
If the matter cannot be resolved, we can help prepare the ET1 claim, identify the legal issues, organise the evidence and prepare witness evidence. The tribunal will consider whether the employer’s conduct amounted to a fundamental breach, whether you resigned in response, whether you delayed too long, and whether the dismissal was unfair.
Compensation for Constructive Dismissal Claims
Compensation is not automatic. If your claim succeeds, the tribunal will consider the losses you have proved and any statutory limits or reductions that apply. Compensation in constructive unfair dismissal claims commonly includes a basic award and a compensatory award.
Basic award
The basic award is calculated in a similar way to a statutory redundancy payment. It is based on age, length of service and weekly pay, subject to statutory limits.
Compensatory award
The compensatory award is intended to compensate for financial losses caused by the dismissal, such as loss of earnings, future loss of earnings and loss of statutory rights. The tribunal can reduce compensation where appropriate, including where an employee has not taken reasonable steps to find alternative work or where the employer can show that dismissal would have happened in any event.
Why choose Elite Law Solicitors for Constructive Dismissal advice?
When you are dealing with a workplace dispute, you need advice that is clear, practical and realistic. Our constructive dismissal solicitors and employment tribunal solicitors can help you assess the merits of your claim, understand the likely risks, preserve important evidence and decide whether negotiation, ACAS Early Conciliation or tribunal proceedings are the most appropriate route.
Elite Law Solicitors is authorised and regulated by the Solicitors Regulation Authority. We are rated as 4.9 out of 5 from more than 1,600 client reviews by ReviewSolicitors, the UK’s largest independent review platform for law firms.
Frequently Asked Questions for Constructive Dismissal Solicitors
Can I claim constructive dismissal if I have less than two years’ service?
Many ordinary unfair dismissal claims require two years’ continuous employment. However, some claims do not require two years’ service, including certain automatically unfair dismissal claims and discrimination-related claims. If your resignation is connected to whistleblowing, pregnancy, family leave, trade union activity, health and safety, national minimum wage rights or a protected characteristic, you should take advice before assuming you cannot claim.
Should I raise a grievance before resigning?
Sometimes raising a grievance can help show that you gave your employer an opportunity to resolve the issue. In other cases, the breach may be so serious that immediate resignation is being considered. The safest approach depends on the facts, the evidence and the legal risk of delay.
What should my resignation letter say?
Your resignation letter should usually identify the employer conduct you are relying on, explain that you are resigning in response to that conduct, and avoid unnecessary or exaggerated allegations. The letter may become important tribunal evidence, so it is sensible to take advice before sending it.
Can constructive dismissal claims settle without an Employment Tribunal hearing?
Yes. Many employment disputes settle through ACAS Early Conciliation, direct negotiation or a settlement agreement. Settlement can provide certainty and avoid the time, cost and stress of tribunal proceedings. Any proposed settlement agreement should be reviewed carefully before it is signed.
What if my employer says I resigned voluntarily?
This is a common defence. You will usually need to show that your resignation was caused by the employer’s fundamental breach and not by an unrelated reason. A clear resignation letter, contemporaneous documents and a detailed timeline can help address this argument.
How long does a constructive dismissal claim take?
The timescale depends on the complexity of the dispute, whether settlement is possible, tribunal availability and the evidence involved. Some claims resolve during ACAS Early Conciliation, while others may take many months if they proceed to a final Employment Tribunal hearing.
Speak to our Constructive Dismissal Solicitors
If you are considering resignation, have already resigned, or need advice about an Employment Tribunal claim, speak to our constructive dismissal solicitors as soon as possible. We can help you understand your options, assess your evidence, consider settlement opportunities and take practical steps to protect your position.
Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to arrange an initial consultation with an experienced employment lawyer.
