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Constructive Dismissal Claim

Home » Employment Law » Constructive Dismissal Claim

Dismissal

Constructive Dismissal Claims

Expert Legal Support for Workplace Resignation Issues

If you’ve been forced to resign due to intolerable working conditions, our employment law specialists can help you pursue a constructive dismissal claim. We understand the difficult position you’re in and provide strategic advice to protect your rights. Contact us today: 0203 909 8399 | Book a Consultation

What Is Constructive Dismissal?

Constructive dismissal occurs when an employee feels compelled to resign due to their employer’s conduct. Rather than being formally dismissed, the employee leaves because their working conditions have become intolerable due to serious breaches of their employment contract by the employer.

Do You Have a Constructive Dismissal Claim?

You may have a claim if you resigned because:

  • Your employer fundamentally breached your contract
  • Working conditions became unbearable
  • You were subjected to serious mistreatment
  • The situation left you with no reasonable alternative
  • You resigned promptly in response to the breach

Grounds for Constructive Dismissal

Serious Contract Breaches

  • Non-payment of wages or bonuses
  • Unauthorized reduction in pay
  • Withdrawal of contractual benefits
  • Demotion without justification
  • Fundamental changes to job role
  • Breach of trust and confidence

Intolerable Working Conditions

  • Bullying or harassment by management
  • Unsafe working environment
  • Discrimination based on protected characteristics
  • Lack of support to perform duties
  • Unreasonable workload or targets
  • Failure to address grievances

Types of Employer Conduct

Single Serious Incidents

  • Major breach of contract terms
  • Serious acts of discrimination
  • Physical assault or threats
  • Significant humiliation
  • Wrongful suspension

Pattern of Behavior

  • Ongoing harassment or bullying
  • Persistent undermining of authority
  • Series of minor breaches
  • Gradual erosion of terms
  • Systematic exclusion

Building Your Constructive Dismissal Case

Essential Evidence

  • Employment contract and amendments
  • Correspondence about issues raised
  • Grievance documents
  • Medical evidence of stress/illness
  • Witness statements
  • Performance reviews

Key Requirements

  • Demonstrate fundamental breach by employer
  • Show resignation was in response to breach
  • Prove you didn’t delay too long before resigning
  • Evidence attempts to resolve issues
  • Document impact on health and wellbeing

The Claims Process

Before Resigning

  • Raise concerns with employer formally
  • Follow grievance procedures
  • Keep detailed records
  • Seek legal advice early
  • Consider negotiation options

After Resignation

  • Contact ACAS within time limits
  • Begin early conciliation process
  • Prepare tribunal claim if needed
  • Submit ET1 form to tribunal
  • Proceed to hearing if necessary

ACAS Early Conciliation

  • Mandatory Process – Must contact ACAS before tribunal claim
  • Time Limits – Within 3 months less one day of resignation
  • Neutral Conciliator – Helps explore settlement options
  • Confidential Discussions – Without prejudice negotiations
  • Certificate Required – Needed to proceed to tribunal

Unfair Dismissal vs Constructive Dismissal

Unfair Dismissal

  • Employer terminates employment
  • Two years’ service usually required
  • Must show dismissal was unfair
  • Fair reasons include conduct, capability, redundancy

Constructive Dismissal

  • Employee resigns due to employer’s conduct
  • Two years’ service usually required
  • Must show fundamental breach by employer
  • Resignation must be timely response

Why Choose Connaught Law

  • Specialist constructive dismissal experience
  • Understanding of both employer/employee perspectives
  • Strategic approach to complex claims
  • Strong negotiation skills
  • Excellent tribunal success rate

Our Services

  • Initial case assessment
  • Pre-resignation strategic advice
  • Evidence gathering support
  • ACAS conciliation representation
  • Tribunal claim preparation
  • Settlement negotiation

Time Limits Are Critical

  • Three months less one day from resignation
  • ACAS conciliation can extend deadline
  • Acting quickly preserves options
  • Early legal advice essential

Next Steps

Don’t let constructive dismissal affect your career without exploring your legal options. Our employment specialists will assess your situation and guide you through the claims process with expertise and empathy. Call 0203 909 8399 or Book Online for a confidential consultation.

We’re here to help.
Book your consultation with Connaught Law today.
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