Constructive Dismissal

Advice on constructive dismissal claims

Constructive dismissal occurs where an employee resigns as a result of their employer’s fundamental breach of contract. Examples of fundamental breaches of contract include:- bullying / harassment, a unilateral variation of terms and conditions, a lack of support, failure to pay sums contractually owed, unwarranted disciplinary action…etc. These breaches can either be one-off or part of a series of events. Generally speaking, an employee has to have 2 years continuous service before they are eligible to pursue a claim for constructive dismissal (although there are some very limited exceptions to this).