Constructive Dismissal
Claims

Tribunal proceedings in relation to a constructive dismissal claim must be brought within 3 months of the ‘effective date of termination’ of employment.

Constructive dismissal is where an employee resigns as a direct result of a fundamental breach of contract by their employer.

Bringing A Claim

Not every breach of contract will entitle an employee to resign and claim constructive dismissal. To amount to constructive dismissal, the breach must be a serious and repudiatory one. This could stem from a single event, or an accumulation of them. That is, it must be a fundamental breach of contract. For example, a breach of the implied term of mutual trust and confidence. In order to be able to rely upon the breach, the employees resignation would need to follow fairly soon after it occurred. Otherwise they may be construed to have waived it.

Procedure For Bringing A Constructive Dismissal Case

The procedure for proving that the constructive dismissal was unfair is the same as that outlined in the unfair dismissal section.

Settlement Agreement Specialists

Please note that we no longer handle constructive dismissal cases or any type of employment tribunal matter. We are settlement agreement specialialists, who handle settlement agreements on behalf of both employers and employees. We also handle non-contentious employment law matters.