Constructive dismissal is effectively the same as unfair dismissal and occurs where an employee is forced to resign from their position due to a fundamental or repudiatory breach of the employment contract, by the employer. An example which may entitle an employee to resign and claim constructive dismissal would be where, in breach of an express or implied term of the contract, the employer has placed unreasonable demands and workloads upon the employee.

An the employee who considers a breach of the employment contract has occurred, sufficient to warrant a claim for constructive dismissal, must resign as soon as possible following the breach so as to avoid being seen to have accepted the breach by the employer.

In order to make a claim for constructive dismissal an employee must have one years continuous employment with the employer.

As an employee, you should be aware that if you feel that you have been constructively dismissed, you must first bring the matter to your employer's attention via the company's internal grievance procedure, before bringing a claimed to the Employment Tribunal.

There are strict time limits for commencing claims in the Employment Tribunal and Courts.

If you believe you have a claim for constructive dismissal against your employer please complete our Free Online Assessment Form, now. We will then respond to you usually within 48 working hours, including a free, initial assessment of your claim.

Alternatively you can download the free initial assessment form and send it to net employment solicitors at the address on our contact page.