Constructive Dismissal Claims for Employees

Constructive dismissal is a claim that can be brought by an employee who resigns in response to a (fundamental) breach of their contract by their employer.

In order to be successful, the employee needs to be able to prove that:

  • the employer fundamentally breached their contract of employment;
  • they resigned as a result of that breach;
  • they did not accept the breach by their actions or by delaying in resigning.

Constructive dismissal claims are very complicated and so it is very rare for employees to be advised to resign and attempt these claims.

If you have already resigned then you should take advice as soon as possible. If you have not already resigned it is recommended that you take early advice on any potential situation where you feel that you may need to resign but want to know whether or not you will still be able to bring a claim. Our experienced team would be pleased to provide that advice.

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