Constructive Dismissal

What is Constructive Dismissal?

Unfair Dismissal Constructive Dismissal

Unfair Dismissal Constructive Dismissal

The term “Constructive Dismissal” is generally used in situations where the employee terminates their Contract of Employment in circumstances which entitles them to do so by reason of the employer’s conduct.  Contact one our expert employment law solicitors on 01925 937070 or complete the ‘Contact our Solicitors’ form at the bottom of this webpage.

Constructive Unfair Dismissal Claims

It is important to note that with constructive unfair dismissal claims there is the additional hurdle of proving that there was a dismissal (as opposed to a resignation).  In order to do so the employee must establish the following:-

  1. There was a fundamental breach of contract on part of the employer;
  2. The employer’s breach caused the employee to resign;
  3. The employee did not delay too long before resigning.

Fundamental Breaches

Some examples of fundamental breaches would be:-

  • Wage cuts
  • Withholding a pay rise
  • Changing frequency of pay without consultation
  • Changing shifts without contractual authority
  • Failing to provide safe working conditions
  • Failure to prevent serious bullying
  • Failure to carry out reasonable adjustments in accordance with the Equality Act
  • Breach of the implied term of mutual trust and confidence, for example undermining and humiliating an employee
  • Unilateral or significant alteration of job content or status

Constructive Dismissal Claims – Employment Law Solicitors in Warrington, Cheshire

Constructive dismissal claims are complex and you should always take legal advice as soon as possible if you think you may have a constructive unfair dismissal claim. It is important to note that it is the employer’s conduct which gives rise to a constructive dismissal and the conduct must be such that it is a significant breach going to the root of the Contract of Employment.  Breach of such an essential or fundamental term(s) will entitle the employee to treat himself as discharged from any further performance i.e. he is constructively dismissed.

Acas Early Conciliation

It is now mandatory to obtain an early conciliation certificate from Acas before you can issue a claim in the employment tribunal.  Acas will also seek to conciliate between the parties to try to avoid tribunal proceedings.   For further information on the notification process and early conciliation click here

Legal Advice for Constructive Dismissal Employment Law Claims

If you are unsure about what to do you should take legal advice as soon as possible or telephone one of our expert solicitors on 01925 937070.

­­­­­­­­­­­­­­­­Funding your employment law claim – please click here to find out more about funding your claim.

Contact DSM Legal Solicitors for Expert Employment Law Advice

If you believe you have been unfairly dismissed, contact the employment law solicitors at DSM Legal Solicitors.  Our Warrington office in Cheshire is minutes away from Junction 8 of the M62.  We have free car parking for visitors and disabled access.  Email Diane Massey at for more information.

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All information contained within this website, including fact sheets or template letters, is provided for general information only and is not intended to constitute legal advice. You should contact a solicitor or other legal professional for advice relating to your specific circumstances if you have any questions about any legal matter. DSM Legal accepts no liability for any adverse consequences arising from reliance on this website for legal advice.

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