Constructive Dismissal

Practical advice on constructive dismissal UK

Have you been forced to leave your job because of the way you have been treated? If you have, you may have a case.

The reason for you leaving your job must be a significant one, resulting in a fundamental breach of your contract by your employer. There may be any number of reasons eg:

  • Forcing you to accept unreasonable changes to your contract of employment without your consent;
  • Demoting you without reason;
  • Not paying you;
  • You are being harassed or are a victim of violence;
  • You have been falsely accused of misconduct or being incapable of doing your job;
  • You are being relocated at short notice etc etc

It is important to clarify which terms of your contract of employment have been breached and the nature of the breach.

You must not delay too long in resigning in response to your employer's breach. If you continue working for any length of time without leaving you are likely to lose your right to treat the contract as breached and will be regarded as having chosen to "affirm" the contract. However, resigning from your employment is clearly a big step to make and so you should ensure that you have considered all of the effects of this before doing so. You may have the opportunity to raise an internal grievance first to give your employer the chance to resolve the issue.

Your employer's breach does not have to be one serious breach - it could be a series of relatively minor breaches which are collectively serious. In these circumstances the tribunal may consider that any previous breaches of contract that may have otherwise been waived by yourself should be treated as having been revived and as part of a continuing course of conduct.

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