Constructive Dismissal Guide
About Constructive Dismissal
In the past year, Zavri Law has supported over people across the UK with their legal issues.
Constructive dismissal occurs when an employer’s behaviour or actions amount to a serious breach of the employment contract, leaving the employee with no reasonable option but to resign.
This can include changes to working conditions, unfair treatment, or conduct that undermines trust between employer and employee.
Experienced solicitors can help assess whether a breach has taken place and guide you through the process of making a claim.
Next Steps & Legal Costs
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Understanding Constructive Dismissal
Workplace challenges can take a serious toll. If your situation has reached the point where continuing in your role feels impossible, you may have grounds for a constructive dismissal claim.
Even if you have already resigned, you may still be eligible to pursue action.
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How Zavri Law Can Help
This guide walks you through what constructive dismissal is, how to build a stronger case, and what steps you can take to resolve workplace issues.
What Is Constructive Dismissal?
Constructive dismissal (also known as constructive unfair dismissal) is when you resign because your employer’s conduct leaves you feeling you cannot reasonably continue in your job.
Examples include:
If you are facing issues like these, speaking to an employment solicitor can help you understand whether you can resign and pursue a claim—or what your next steps should be if you have already left.
What Situations Count as Constructive Dismissal?
Not every difficult workplace situation will qualify. However, you may have a strong claim if:
Harassment or bullying is ignored by your employer
You have been demoted without valid justification
Your wages are not being paid
Your working conditions or hours have changed significantly
The workplace is unsafe and concerns are not addressed
You lack the necessary support to carry out your role
Contractual benefits have been removed
Employees with at least two years of continuous service may be eligible to bring a claim.
Because evidence is crucial, consider seeking a free case assessment to understand your options.
What Should I Do If I'm Thinking About Resigning?
Steps to take before making your decision:
Speak to your employer informally – many problems can be resolved quickly.
Raise a formal grievance if informal discussions do not solve the issue.
Seek legal advice before resigning to protect your position.
If you choose to resign:
Explain the reasons clearly in your resignation letter.
Leaving without notice may be justified in some situations, but it can also complicate matters—legal advice is essential.
Who Can Make a Claim for Constructive Dismissal?
Exceptions where the two-year rule does not apply:
Whistleblowing retaliation
Discrimination based on protected characteristics (e.g., disability, sex, race, pregnancy)
Clear breach of contract without your agreement
Time limits:
- You must submit a claim within three months minus one day from your final day of employment or the date of resignation (if no notice was given).
Compensation
A claim may include a basic award and a compensatory award, which reflects financial losses after leaving your role.
The maximum compensatory award is the lower of one year’s salary or £105,707.
Keep detailed records of your job-seeking efforts to support your claim.
Can You Claim Constructive Dismissal If You Were Fired?
If you were dismissed, you generally cannot claim constructive dismissal.
However, you may be able to bring an unfair dismissal claim instead, depending on the circumstances.
Get Help with Your Constructive Dismissal Case
At Zavri Law, our employment law solicitors can:
Assess the strength of your constructive dismissal claim
Advise you on your best options moving forward
Assist with negotiating settlement agreements
Represent you in employment tribunal proceedings if required
To find out how we can help, contact our team for a free legal assessment.
Disclaimer
This guide is for general information purposes only and does not constitute legal advice.
Mr. Azalpolo
Landlord & Tenant Dispute
Sarah Thompson
Landlord & Tenant Dispute
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Sarah Thompson
Landlord & Tenant Dispute
I got my divorce paperwork done within a week, all online. My solicitor was understanding and responsive — no hidden fees, no confusion.
Mr. Azalpolo
Landlord & Tenant Dispute
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