What is Constructive Dismissal UK?

Constructive dismissal occurs when you're forced to resign because your employer has seriously breached your employment contract. In UK law, this is treated as if you were dismissed, giving you potential rights to claim unfair dismissal at an employment tribunal.

Legal Definition

Under Section 95(1)(c) of the Employment Rights Act 1996, constructive dismissal happens when an employee terminates their contract "in circumstances in which they are entitled to terminate it without notice by reason of the employer's conduct."

In simpler terms: your employer's behavior has made it impossible for you to continue working, so you resign. The law treats this as if you were dismissed.

What Counts as Fundamental Breach?

Not every workplace problem qualifies as constructive dismissal. The breach must be fundamental - serious enough to destroy the employment relationship. Common examples include:

Changes to Your Contract

• Significant salary reduction without consent
• Demotion or removal of responsibilities
• Unilateral changes to working hours or location
• Changes to job title or role without agreement

Bullying and Harassment

• Sustained bullying or intimidation
• Sexual harassment or discrimination
• Victimization after raising complaints
• Creating a hostile work environment

Health and Safety Violations

• Serious health and safety breaches
• Ignoring documented safety concerns
• Forcing unsafe working practices

Breach of Trust

• False accusations of misconduct
• Failing to investigate serious grievances
• Undermining your position publicly
• Not providing support promised in contract

What Doesn't Count?

These situations, while unpleasant, typically don't constitute constructive dismissal on their own:

• Personality clashes with colleagues or managers
• General unhappiness or stress from normal work pressure
• Minor contract breaches that don't fundamentally change your role
• Reasonable management decisions you disagree with
• Being placed on a performance improvement plan (if justified)

Steps to Take Before Resigning

If you're considering a constructive dismissal claim, follow these steps carefully:

1. Document Everything

Keep detailed records of:

• Dates, times, and details of incidents
• Emails and written communications
• Names of witnesses
• Meeting notes and outcomes
• Impact on your health or wellbeing

2. Raise a Formal Grievance

Before resigning, you should:

• Submit a written grievance under your company's procedure
• Clearly explain the breach and its impact
• Request specific remedies
• Keep copies of all correspondence

Tribunals expect you to give your employer a chance to fix the problem. Failing to raise a grievance can weaken your claim.

3. Seek Legal Advice

Constructive dismissal claims are complex. Consult:

• An employment solicitor specializing in dismissal cases
• Citizens Advice Bureau for free initial guidance
• ACAS Early Conciliation (free service)
• Your union representative if you're a member

4. Act Quickly

If you delay too long after the breach, tribunals may decide you've accepted the new terms. Generally, resign within a few weeks of the breach or grievance outcome to maintain your claim.

How to Resign for Constructive Dismissal

Your resignation letter is crucial evidence. It should:

• State you're resigning due to constructive dismissal
• Reference the fundamental breach(es) by your employer
• Mention your previous grievance(s)
• State your last working day
• Maintain a professional, factual tone
• Avoid emotional language or personal attacks

Making a Claim to Employment Tribunal

After resigning, you have 3 months minus one day to start ACAS Early Conciliation. The process is:

1. ACAS Early Conciliation: Free service attempting to resolve the dispute without tribunal
2. Submit ET1 Form: If conciliation fails, submit your tribunal claim
3. Employer Response: Your employer submits their defense (ET3 form)
4. Preliminary Hearing: Case management and legal arguments
5. Full Hearing: Evidence presented, witnesses called, judgment given

What Can You Claim?

Successful constructive dismissal claims may result in:

• Basic Award: Calculated based on age, length of service, and weekly pay (capped)
• Compensatory Award: Lost earnings and benefits (capped at £115,115 in 2026)
• Notice Pay: Pay you would have received during notice period
• Pension Losses: Contributions you've missed

Success Rates and Risks

Constructive dismissal claims are difficult to win. You must prove:

• Your employer fundamentally breached the contract
• The breach was serious enough to justify resignation
• You resigned in response to the breach
• You didn't delay or accept the breach

According to government statistics, only around 5-8% of constructive dismissal claims succeed at tribunal. However, many cases settle before hearing.

ACAS Code of Practice

ACAS provides guidance on handling workplace disputes and grievances. Key points:

• Both parties should attempt to resolve issues informally first
• Employees should raise grievances formally in writing
• Employers must investigate grievances thoroughly and promptly
• Employees have a right to be accompanied at grievance meetings
• Appeals should be heard by someone not previously involved

Source: ACAS Code of Practice

Frequently Asked Questions

How long do I have to claim constructive dismissal?

You must start ACAS Early Conciliation within 3 months minus one day of your effective termination date (usually your last working day). Missing this deadline usually means you lose the right to claim.

Do I need 2 years service?

Generally yes, for unfair dismissal claims. However, if the constructive dismissal involves discrimination, whistleblowing, or automatic unfair dismissal reasons, you don't need 2 years service.

Can I claim if I'm still working my notice?

Yes, but it's complex. Working your notice period might suggest you've accepted the breach. Seek legal advice if you've resigned but are still working notice.

What if I can't afford a solicitor?

Consider: Citizens Advice Bureau (free), Law Centres (free/low cost), union representation (if member), pro bono legal clinics, or representing yourself with ACAS support.

When to Seek Professional Help

Constructive dismissal is one of the most complex areas of employment law. You should seek professional legal advice if:

• You're considering resigning due to your employer's conduct
• You've raised a grievance that hasn't been resolved satisfactorily
• You're unsure whether the breach is fundamental enough
• You've already resigned and want to claim
• Your employer is threatening legal action