Constructive Dismissal

A claim for constructive dismissal requires proof of contractual breach that is so serious it goes to the root of the employment relationship. Common examples of breaches of contract that could form the basis of a claim could therefore include: 

• Reducing an employee’s pay or not paying them at all 

• Taking away other contractual benefits, such as a company car 

• Demoting an employee without fair warning 

• Making unreasonable changes to an employees’ working hours or place of work 

• Forcing an employee to work in breach of health and safety laws.

Who can bring a claim for Constructive Dismissal?

The minimum employment period required before you can claim for constructive dismissal in the employment tribunal is 2 years of continuous employment.

This is the same as normal unfair dismissal.

If you have less than 2 years under your belt, then unfortunately it means that it’s easy for your employer to dismiss you or take action that forces you to resign (even if it feels blatantly unfair) and face no legal consequences.

How we can support you

Constructive dismissals are serious and must be dealt with through the correct process. Employees shouldn’t be made to feel as if they need to resign or feel uncomfortable at work. Our team of specialist employment law layers, can review and advise you on the strength of your case, negotiate a settlement agreement on your behalf, or work with you on your employment tribunal case.