Employment Law Department
Constructive Dismissal is when the employee feels that they have no option but to quit their job/resign due to their employers conduct.
In order to do this and bring a claim for Constructive Dismissal you would need to be able to show that your employer committed a serious breach of contract which made you feel that you had no alternative but to leave, because of that breach and that you had done nothing to suggest that you had accepted the breach or change in employment conditions. If you feel that you are being placed into this position our advice would be to try and speak with your manager as soon as possible.
Leaving your job should always be the last resort. However if talking to your manager or someone else at your place of work does not assist and resolve the matter informally, you should try and sort out the problem through your company’s standard grievance procedure.
For further information on grievance procedures please see our grievances page.
Before resigning you should seek independent legal advice, as it is often very hard to try to prove to a Tribunal that your employers behaviour was so bad that you had no alternative but to leave. If however you feel that you must leave, you may have a case for unfair or wrongful dismissal following a constructive dismissal. You should try and get independent legal advice as quickly as possible and ideally you should try and leave your job as quickly as possible also, otherwise your employer may be able to argue that by staying you accepted that conduct or treatment.
Be careful to avoid jumping the gun or resigning before the actual breach of contract occurs as you run the risk that your employer could claim that there was no dismissal in any event.