Constructive Dismissal

Constructive dismissal is when your employer has treated you so badly that you have no choice but to resign. Constructive dismissal can occur for contractual reasons, such as when you have not been paid, but it can also happen because you have been subjected to discrimination, victimisation or harassment in the workplace or if the trust and confidence in the employment relationship is fundamentally broken down.

If you believe you have been a victim of constructive dismissal at work, please contact us to find out if you can resign and claim constructive dismissal.

What actions justify constructive dismissal?

It is rather common for employees to find themselves in a position at work where they feel unsafe, harassed or bullied by their colleagues and sometimes by managers. When this happened and your employer does not protect you, you may be entitled to resign and bring a claim for constructive dismissal claim if your employer:

+ Failed to take steps to stop people harassing or bullying you;

+ Has demoted you without any good reason;

+ Failed to pay your salary;

+ Made unreasonable changes to your work conditions;

+ Failing to provide a safe working environment conditions;

+ Failed to provide the support you need to perform your role; and

+ Withdrawn important benefits set out in your employment contract.

A constructive dismissal claim can be made so long as you have been employed for at least two years. In order to do so you must ensure you have substantial evidence of your claim. Please contact our employment law team to obtain further advice.