Constructive Dismissal Legal Advice

Where an employer does not terminate the contract of employment but behaves in such a way as to damage or destroy the employment relationship, an employee is entitled to resign with or without notice and claim constructive unfair dismissal against the employer. This is only applicable where the employer’s actions amount to a fundamental and repudiatory breach of the employee’s contract of employment.

There are some essential requirements for a constructive dismissal:

• there must be an actual or anticipatory fundamental breach of contract by the employer
• the employee must resign in response to the breach,
• the employee must not delay in terminating the contract in response to the employer’s breach. The employee must act quickly otherwise they may be regarded as having elected to affirm the contract changes made by the employer.
• have brought the claim within 3 months of the date of the dismissal

In order for us to assist you with your claim we ask if you could attach a copy of your contract of employment and any correspondence relating to your dispute. It’s important to remember that you might have to pay if you get independent or legal advice.

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