Definition of Constructive Dismissal

What is constructive dismissal - a constructive dismissal definition

Constructive dismissal is a form of unfair dismissal. Here are two versions of a constructive dismissal definition:

  • The legal constructive dismissal definition - the termination of employment by an employee in response to a fundamental breach of contract by the employer.
  • A simple constructive dismissal definition - an employee resigns because of the actions of their employer that made it impossible for the employee to continue working for them.

What are the elements of a claim?

There are 3 main things you need to prove for a constructive dismissal claim:

  • The employer committed a serious breach of contract
  • The employee did not accept the breach
  • The employee felt forced to resign because of that breach

The breach of contract can result from either one serious event, or from a series of events.

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.

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