Constructive dismissal

Constructive dismissal arises where an employee is forced to resign because the conduct of the employer constitutes a fundamental breach of the contract of employment.

For an Employment Tribunal to decide that you have been constructively dismissed, your employer’s conduct must amount to a ‘fundamental breach of the employment contract’. In essence if your employer has made your life very difficult and you feel that you cannot remain in their job. Examples of this could be your employer not supporting you as a manager in difficult work situations, or harassing or humiliating you, particularly in front of other less senior staff.

The terms of the employment contract include written and oral terms, in addition to what is implied to make the contract workable, such as a term that the employer will treat the employee honestly and with good faith.

We are able to advise employees who feel they may have a case for constructive dismissal. If you have already resigned then it is important to get legal advice as a matter of urgency, as there are strict time limits. If you are considering resigning, it is equally important to speak to us. Constructive Dismissal claims can be very difficult to win as an employee, and early advice could affect the future success of your claim.

Contact our expert team of employment lawyers today on 084 4804 4800 or request a free call-back.