Constructive Unfair Dismissal
Constructive Dismissal – Understanding Your Rights and Options
At Thrive, we understand how stressful and damaging it can be when workplace relationships break down. If you feel you’ve been left with no choice but to resign because of your employer’s actions or behaviour, you may have grounds for a constructive dismissal claim.
We help both employees and employers navigate this complex area of English and Welsh employment law, offering clear advice, practical solutions, and strong legal representation.
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What is a constructive dismissal?
Constructive dismissal occurs when an employee resigns because of their employer’s (or colleagues’) actions, which amount to a fundamental breach of contract or a breach of the implied term of trust and confidence.
In law, the resignation is treated as if the employee was dismissed.
Who can claim?
In most cases, to bring a constructive dismissal claim you must have worked continuously for your employer for at least two years — the same qualifying period required for most unfair dismissal claims.
What is a fundamental breach of contract?
A fundamental breach is serious enough to make it impossible for an employee to continue working. Examples include:
- Being demoted without a valid reason
- Harassment or discrimination by the employer or colleagues
- Unilaterally changing working hours or location without agreement or contractual right
- Refusing to deal with a grievance, or mishandling it so badly it becomes ineffective
- Imposing an unmanageable workload without adequate support
- Persistent underpayment or failure to pay salary
- Any serious breach of the implied duty of trust and confidence
Simply acting unfairly or unreasonably is not enough – the breach must be so severe that resigning is the only reasonable option.
For the strongest possible claim, employees often resign without notice, without another job, and submit a clear resignation letter detailing the breaches relied upon.
Constructive v Unfair Dismissal
- Constructive dismissal – the employee resigns due to the employer’s serious breach of contract; in law, it is treated as a dismissal.
- Unfair dismissal – the employer actively terminates the employee’s contract without a fair reason or without following a fair process.
For most claims of either type, employees need at least two years’ continuous service.
How we can help employees
Constructive dismissal claims can be challenging to win. Before resigning, we strongly recommend seeking specialist legal advice from us to:
- Assess whether your employer’s actions meet the legal test
- Help you prepare a resignation letter that clearly states your reasons and the breaches relied upon
- Advise on the timing of your resignation to strengthen your claim
If you have already resigned and believe you were constructively dismissed, we can still help you pursue your case.
How we can help employers
If an employee threatens to bring a constructive dismissal claim — or resigns in circumstances that might lead to one — early action is vital.
We offer free initial consultations to help you assess the risks and take steps to mitigate potential claims.
Get Expert Advice on Constructive Dismissal
Whether you are an employee considering resignation or an employer facing a potential claim, Thrive Law provides clear, practical, and compassionate advice on constructive dismissal and other workplace disputes. Our team will help you protect your rights, comply with English and Welsh employment law, and achieve the best possible outcome.
📧 Email us at enquiries@thrivelaw.co.uk to arrange your consultation today.
