What is constructive dismissal?

Constructive dismissal

Constructive dismissal is when your employer has treated you so badly that you have had no choice but to resign.

This can mean your employer has breached their contract by not paying you for example, or you have been subjected to terrible behaviors in the workplace such as discrimination or harassment, and your employer has done nothing to stop this.

To claim constructive dismissal, you must show:

• That your employer broke your contract in a fundamental way
• That you resigned as a result of your employer’s breach of contract
• That you did not act in a way in which could be taken as confirming the contract despite the breach (e.g. by delaying before resigning)

Unfair dismissal

A dismissal could be considered unfair if your employer does not have a good reason for firing you or if they do not follow company policy.

Common unfair dismissal situations include:

• Asked for flexible working.
• Refused to give up your working time rights - for example, to take rest breaks.
• Joined a trade union.
• Took part in legal industrial action that lasted 12 weeks or less.
• Needed time off for jury service.
• Applied for maternity, paternity and adoption leave.
• Were on any maternity, paternity and adoption leave you’re entitled to.
• Exposed wrongdoing in the workplace (whistleblowing).
• Were forced to retire (known as ‘compulsory retirement’ - not allowed unless your employer can objectively justify it).

How do you qualify to make a claim?

To qualify for an unfair dismissal claim at tribunal, you must have worked for your employer for a certain period of time – this is referred to as a ‘qualifying period’.

If your employment started on or after April 6th 2012, the qualifying period is two years.

How can we help?

Our employment law team understand the complexities of dealing with workplace claims and the need for empathy during what is usually a challenging time. We are well-equipped to support you through every stage of your employment dispute, from initial discussions to potential escalations.

If you feel your dismissal was unfair, call us today on 0330 107 5030 or contact us online here.