What is Constructive Dismissal

Constructive Dismissal is where your employer has acted in such a way towards you that allows you to leave your job and treat yourself as dismissed. Whilst your employer has not actually fired you, they may have brought your employment to an end by their behaviour. An example of this would be where your employer persistently bullies you and forces you to leave your job. A constructive Dismissal may either be brought about by one particular incident or it may be a series of incidents culminating in a ‘last straw'.

Remember Constructive Dismissal is not always easy to prove and it is important you consider your position very carefully before leaving your job

Types of Constructive Dismissal

There are a wide range of cases where tribunals have found an employee to be constructively dismissed. This may occur either where your employer has broken an express term of your contract of employment (e.g they reduce your pay, agreed hours of work or change your job description) or more usually where your employer acts in a way which is calculated or likely to destroy the relationship of trust and confidence between you.

Remember to prove constructive dismissal you need to show that your employer's actions were sufficiently serious to allow you to leave your job. It is not necessarily enough that you consider your employer has acted unreasonably.

If you intend to claim constructive dismissal then you must generally resign in response your employers actions and not at a later date. However, it is possible to rely upon an earlier act by your employer if you are resigning at a later date in response to a ‘last straw' act by your employer. In these circumstances you would be alleging that the cumulative effects of these acts amounted to a constructive dismissal.

You must generally raise a grievance with your employer if you intend to claim constructive dismissal. This may be raised either before or after you have resigned from your employment.

Unfair Dismissal Checklist

Have you been employed for at least a year?

Has your employer broken an express term of your contract?; or

Has your employer acted in a way calculated or likely to break down your relationship of mutual trust and confidence?

Have you raised a grievance with your employer?

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