Constructive dismissal for employees
Sometimes, the way you’re treated at work can leave you feeling that staying isn’t an option. If your employer’s actions have fundamentally broken your trust or breached your contract, and you've felt forced to resign as a result, you may have grounds to bring a claim for constructive dismissal.
At Owen White Catlin, we help employees understand their rights, assess their options, and take action when their employer has crossed the line.
What is constructive dismissal?
Constructive dismissal happens when an employee resigns in response to a serious breach of contract by their employer. This could include:
- Unreasonable changes to your role or pay
- Bullying or harassment that goes unaddressed
- Unsafe or toxic working conditions
- Being undermined, sidelined, or excluded
- Failure to support you during maternity or illness
- A breakdown in trust and confidence
To bring a claim, you must usually have at least two years’ continuous service, and must resign in direct response to the breach - not delay for too long or carry on as normal.
Proving constructive dismissal
Constructive dismissal claims are complex and emotionally charged. The burden is on you to show that your employer acted so badly it amounted to a repudiatory breach of your contract, meaning it destroyed the working relationship. Evidence such as emails, formal grievances, or witness statements can all help support your claim.
We’ll help you assess whether you have a case, guide you through the legal process, and work to secure the compensation you deserve.
Talk to our employment solicitors today
Resigning is never an easy decision, especially when you’re unsure of your rights or worried about your next steps. Whether you’re considering resigning, have already left, or are in the middle of a dispute, our employment solicitors will provide clear, empathetic advice and strong representation.
If you believe you’ve been forced out of your job, we’re here to listen and help. Contact our experienced employment team today using our online enquiry form or call one of our offices directly.