What is Constructive Dismissal?

Constructive dismissal occurs when an Employee leaves their job due to the Employer’s unacceptable behaviour. For example, the Employer may have made the Employee's life very difficult in breach of contract and the Employee cannot stay in their job. When this happens, the Employee is entitled to leave the job immediately, without notice, and this is treated as actual dismissal by the Employer. The Employee is then usually entitled to claim compensation for unfair dismissal and wrongful dismissal in an Employment Tribunal. The Employer’s actions must have amounted to a fundamental breach of contract.

Examples of where an Employer's breach of contract might amount to Constructive Dismissal include:

  • Loss of status, salary or position
  • Harassment, bullying, humiliation or abuse
  • Unreasonable amendments to working conditions or contracts
  • False, malicious or unsupported accusations
  • Unreasonable or excessive discipline
  • Victimisation
  • Employer's breach of the implied term of trust and confidence

Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases

How can Glovers help?

Glovers Solicitors' Employment Unit provides prompt and practical advice both to Employers and Employees enabling steps to be taken to pursue objectives or protect a position as appropriate.

We continue to advise both Employers and Employees on a wide range of cases and issues relating to the following areas of UK Employment Law:-

  • matters to be contained in a contract of employment and the protections that should be incorporated within that contract
  • procedures to be followed on the termination of a contract of employment
  • direct and indirect sex and race discrimination, disability and other forms of discrimination
  • the special requirements that arise in considering redundancies
  • the additional considerations that arise when an employee is a shareholder and a director
  • the use of compromise agreements
  • the pursuit and defence of claims in the Employment Tribunal and Courts including claims for unfair dismissal, constructive dismissal and wrongful dismissal
  • the obligations that are placed on Employers when selling or purchasing a business
  • changes in UK Employment Laws

For further information please contact: