Constructive dismissal

A constructive dismissal is when an employee resigns because of a very serious breach of their employment contract, which they feel makes it impossible for them to continue in their job.

Every case is different, but past examples have included significant cuts to pay or hours where the contract doesn’t allow it, foul language, bullying, harassment or public humiliation.     

But walking out of your job is an extremely high-risk strategy, which you should avoid unless you absolutely can’t stand to stay. Unreasonable behavior by your employer is not a sufficient reason to claim constructive dismissal.

Very few tribunal claims in this area succeed, and even if you win, the pay-out is nowhere near as high as many people think.

Before making any decision, you should get advice from your union or a qualified advisor.