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.

Get in touch

Name(Required)

Meet the Employment team

What our customers say

an awesome team

“I would like to extend a personal thank you to both my solicitor, Anna Illingworth and her personal secretary, Kathy Neville, who together make an awesome team.  Highly professional, but yet friendly and approachable, clear, precise and a credit to the legal profession.”

AI – RS8

“I cannot speak too highly of all members of the team at Rowberry Morris who supported me with great sensitivity during a very stressful time. Superb service, again highly commended.”

AI – RS1

“Would highly recommend. Very professional team and I am grateful for all the support I have received and the end result.”

AI RS15

“Extremely good service: Professional Thorough Plenty of time for you Easy to understand”

AI – RS11

“Outstanding service and advice driven by a passionate attitude to win.”

AI RS20

“This is the second time I have used Rowberry Morris, and the service has been exceptional. Phone calls were made at the time agreed, and emails were answered quickly. Ruth and Anna were very professional, and used language that I understood (rather than complicated legal jargon). Thank you both for everything.”

AI – RS10

“An excellent, friendly service from start to finish. I was kept informed of progress and was told about the costs in the beginning. I have used Rowberry Morris for other matters so it was and will remain a natural first call if ever I need their services.”

AI – RS6

“Professional, effective, fast and very approachable service.”

AI – RS3

“In agreeing my redundancy settlement I received a fantastic service from a professional and knowledgeable practice”

AI – RS7

“Rowberry Morris and Anna Illingworth were recommended to myself. Although a short employment exit review, everything was explained to me clearly with chance to query or confirm understanding. Great care was taken and required changes were raised and were all accepted by my now ex-employer. I felt that the advice was clear and that I…

AI RS16

“I’m not normally someone who leaves reviews, however the legal help I received from Rowberry Morris was outstanding. I was suspended from work pending an internal investigation. From the moment I contacted Rowberry Morris I was treated with professionalism and understanding. The processes were explained clearly to me and they kept me updated throughout. Needless…

excellent job

“Please pass on my appreciation and thanks to Anna Illingworth.  I thought she did an excellent job, reaffirming the very wide scope of expertise offered by Rowberry Morris to its clients.