Constructive
Dismissal

Constructive Dismissal (officially called Constructive Unfair Dismissal as it is a type of unfair dismissal claim) refers to a situation where your employer has committed a fundamental breach of contract and as a result of this breach, you feel that you have no other option but to resign from your job.

Resigning from your job is not a decision that should be taken lightly. There are various legal requirements you must satisfy in order to pursue a constructive dismissal claim. The two key elements to this type of claim are:

• You must have been continuously employed by your employer for a period of two years at the point of resignation.
• You must also be able to show that your employer has committed a fundamental breach of contract (often also referred to as a “repudiatory breach” of contract) and it is for this reason you have no option but to resign.
• No delay in resignation following the fundamental breach that has been committed. Whilst there is no fixed timescale stipulated by the law for this, case law has evolved that this should really be no more than a week from the breach. If you wait too long then your employer may be able to argue that you have waived the right to claim constructive dismissal and that your delay means you have, legally speaking, accepted the breach and decided to continue with your employment nonetheless.

At Oakwood Solicitors Ltd, we understand the stress and worry that employees can go through if they are being treated badly at work.

If you have not worked for your employer for two years or more but still feel that you have no other option but to resign from your job, please contact Oakwood Solicitors for advice as there may be an alternative solution to your work-related concerns.

Yes. Employees are expected to make it clear to their employer why they have resigned. Sadly we have seen many cases for constructive dismissal, where the claimant would have an potentially excellent claim, but has failed to make any reference to the alleged breach in their resignation letter.

Yes. The ACAS code of practice states that employees should lodge a formal grievance against their employer before taking steps to resign. This is to give your employer a chance to resolve the matters at hand.

If you do not lodge a formal grievance before resigning, any damages awarded to you at the Employment Tribunal can be reduced by up to 25%, for failure to follow the ACAs code.

If you have already resigned from your job and you think you may have a claim for constructive unfair dismissal, please contact us as soon as possible for advice.

Oakwood Solicitors Ltd provides a variety of funding options to assist you in solving your work-related dispute. A full breakdown of fees and categories can be found here – please contact us today to find out more about our funding options such as our No-Win, No-Fee Agreement.

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. If it is preferable to you, we are able to assign a female advisor to carry out your claim.

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.