Constructive dismissal

A constructive dismissal occurs when your employer makes a fundamental breach of your contract of employment, and you resign swiftly as a result. If you believe that your employer is breaching your employment contract, our employment solicitors can advise you on your rights.

A fundamental breach could be a breach of a significant express term such as not paying you your salary or radically changing your job title from what is stated in your contract. There could be a breach of an implied term such as the implied term of trust and confidence. 

A breach of the implied term of trust and confidence could, for instance, occur when you are being bullied, being placed on an unjustified performance improvement plan, being overlooked for promotion, or being overburdened with work. 

Whether there has been a fundamental breach in a particular case will always depend on the circumstances. We will carefully assess every aspect of your case and advise you of the possible outcomes honestly and openly.

If you have been constructively dismissed, you may have a claim for wrongful dismissal. Usually, the damages for such cases are limited to the salary that you would have received for your notice period.

If you have been constructively dismissed and have at least two years’ continuous service with your employer, you may have a claim for constructive unfair dismissal. There are a few exceptions where you do not need two years’ continuous service, for example, in cases where the dismissal is connected to pregnancy or maternity.

Constructive dismissal claims are often difficult to bring, and you should always obtain legal advice at the earliest opportunity and before you take any decision to resign. Talk to us today if you think a problem is arising. We will evaluate your case and assist you in pursuing the right option. There may be alternatives to resigning such as raising a grievance or exploring the possibility of an exit package with your employer. We are here to guide you so that you find the best solution.

For any queries about constructive dismissal please do not hesitate to get in touch with one of our solicitors.



Matt is the founder of Lombards and advises employers and employees on all aspects of employment law. Matt has built up exceptional experience and knowledge from his time at leading employment law firms, including at a well-known City employment law firm. Matt is an accomplished legal commentator, regularly appearing on Sky News to talk about employment law issues that affect both employers and employees and his employment law articles are featured in The Guardian and The Independent.