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.