Definition of Constructive Dismissal

What is constructive dismissal?

Constructive dismissal is a form of unfair dismissal. It occurs when an employee resigns because of a serious breach of contract by their employer that makes it impossible for the employee to continue working for them. In other words, the employee feels they have no other choice but to resign because of the behaviour of their employer.

Examples of a serious breach of contract include if your employer has refused to pay you or if you have been subject to bullying and harassment in the workplace.

What are the elements of a claim?

You may have a constructive dismissal claim if:

• Your employer has committed a serious breach of your employment contract
• You have not accepted the breach
• You felt forced to resign, or are thinking about resigning, because of the breach

The breach of contract can result from either one serious event, or from a series of events. An employment solicitor can explain this more fully.

What’s the difference between constructive dismissal and unfair dismissal?

A constructive dismissal is not necessarily an unfair one - an employee still needs to go on and prove that the dismissal was unfair. But in practical terms, once a breach of contract by the employer is proven, it usually follows that it was an unfair dismissal.

Getting legal advice - let us help

If you think you might have a constructive dismissal claim, give us a call and we can put you in touch with an employment solicitor. If you have a claim, your solicitor might offer their services on a no-win, no-fee basis.

So if you have any questions about the constructive dismissal definition, or would like our help in finding local employment solicitors please call us at 0800 1777 162 or complete the web-form above.

Last Updated on 27/10/2011