Constructive dismissal

If an employee terminates their employment as a result of a fundamental breach by their employer of their contract of employment then they will be able to pursue a claim for unfair constructive dismissal. Fundamental breaches of contracts of employment can include unilateral variations in pay, changes in job content and status, bullying and discriminatory behaviour and conduct by an employer likely to undermine mutual trust and confidence between employer and employee.

If an employee wishes to terminate their employment and pursue a claim for constructive unfair dismissal it is important that they do not delay as otherwise they may be deemed to have acquiesced in their employer’s conduct such that they may be unsuccessful in a claim.

If you are an employee and believe that you may have a claim for constructive unfair dismissal we can provide you with clear advice as to the prospects of success and likely value of such a claim. We can also represent you in negotiating compensation on your behalf and/or representing you in Employment Tribunal proceedings.

If you are an employer faced with the threat of a constructive dismissal claim we can give you advice on the strengths of any defences you may have and represent you in negotiations with your employee. We can also represent you in Employment Tribunal proceedings.