Constructive
Dismissal

There are three elements required which are set out as follows:

• A repudiatory breach of an express or implied term of the employee’s contract of employment. It must be serious enough to warrant resignation.
• The employee should resign as a result of that breach (and should detail the breach in their resignation letter so it is clear to the employer why they are resigning).
• The employee should not delay in resigning otherwise they may be deemed to have accepted the breach of contract, if too long passes before they resign. This is a common flaw in constructive dismissal claims we see – employees waiting too long to trigger their resignation.

An express term is expressly detailed in the employee’s contract of employment. For example, the employee’s salary. If the employee’s salary is decreased without permission this is a breach of contract (the amount of the deduction, the reason why and the notice given to the employee would all impact here as to whether the breach as actually a repudiatory one).

An implied term is not written down in the contract but exists through common practice and time. The main implied term in contracts of employment is the implied term of “mutual trust and confidence”. This effectively means that both parties will not do anything that would impact the trust and confidence between the parties. This implied term is interrupted fairly widely and is frequently the basis for a constructive dismissal claim, if the employee does not have an express term that can be used.

You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have.

Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.