Constructive Dismissal Claim

A constructive dismissal claim may arise where an employee resigns from their job specifically due to the conduct of their employer. The requirements for a constructive dismissal claim to arise are three-fold.

Firstly, the employer must have committed a serious breach of contract. Examples of such breaches include demoting an employee without good reason, cutting their wages, or bullying by work colleagues. An employer's breach of contract may be one serious incident, or a group of less serious incidents which when considered together amount to a serious incident.

Secondly, for a claim to arise, the employee must leave as a result of the employer's breach of contract. Generally, the employee should inform their employer that they are leaving due to the serious breach of contract by the employer.

Lastly, the employee must not do anything that may suggest they have accepted their employer's breach of contract. This may arise if they continue to work for their employer after the employer breached the contract. This is known as waiver of the breach of affirmation of the contract. However, although an employee might continue to work for a period of time after the breach, this does not automatically mean that their constructive dismissal claim will fail.

Each claim will be judged on its own facts. If an employee is successful with their constructive dismissal claim then it proves that they were dismissed. However, it does not necessarily prove that the dismissal was unfair, and this will have to be proved separately.

If you would like to obtain legal advice on making or defending a constructive dismissal claim, Contact Law can put you in touch with a local specialist Employment Solicitor free of charge. So, if you have any questions or would like our help in finding local Employment Solicitors please call us on 0800 1777 162 or complete the web-form above.