Constructive Dismissal
Claims

Tribunal proceedings in relation to a constructive unfair dismissal claim must be brought within 6 months less one day of the effective date of termination of employment, where that date falls on or after 1 October 2026. Where the effective date of termination falls before 1 October 2026, the previous time limit of 3 months less one day continues to apply.

Where an employee resigns with notice, the effective date of termination is normally the date on which their notice expires. Where the employee resigns with immediate effect, it is the date the resignation takes effect.

Claimants must (unless exempt) notify Acas and obtain an early conciliation certificate before commencing Employment Tribunal proceedings. Provided Acas is notified before the applicable time limit expires, the time limit is paused during early conciliation, which can last up to 12 weeks, and the claimant will have at least one month from receiving the certificate to present the claim.

Bringing A Claim

Constructive dismissal occurs where an employee resigns, with or without notice, in response to a fundamental breach of contract by their employer. The breach may arise from a single serious act or a series of acts which, taken together, amount to a fundamental breach. In the latter case, the final act, often referred to as the “last straw”, need not itself be a fundamental breach but must contribute to the overall breach. The employer’s breach does not have to be the employee’s only reason for resigning, but it must have played a part in their decision. An employee who delays resigning risks being treated as having affirmed the contract, depending on the circumstances and their conduct, potentially preventing them from relying on the breach to establish constructive dismissal.

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.