Constructive Dismissal Claim Solicitors

In legal terms, constructive dismissal occurs when you are forced to resign because your employer has committed a fundamental breach of your employment contract. Even though you were the one to hand in your notice, the law treats the situation as if you were fired because your employer’s conduct made your position untenable.

At the heart of most claims is a breach of the implied term of trust and confidence. This means that even if your employer hasn’t broken a specific written rule, their overall behaviour has made it impossible for the employment relationship to continue.

Common Examples of a “Repudiatory Breach”

To have a strong case, the mistreatment must be serious. You might be in an invidious position, where you feel you have no choice but to quit, due to:

• Breach of Trust & Confidence: Being bullied, harassed, or publicly humiliated by management.
• Unilateral Contract Changes: Your employer forcing through a pay cut or changing your hours without your consent.
• The “Last Straw” Doctrine: A series of smaller incidents that, while minor individually, eventually lead to a final event that breaks your resolve to stay.
• Failure to Provide a Safe Environment: Ignoring health and safety concerns or failing to address a formal grievance properly.
• Demotion: Being stripped of responsibilities or “side-lined” for no legitimate reason.

The Two-Year Rule (and the Exceptions)

Generally, you need at least two years of continuous service to bring a claim for constructive unfair dismissal. However, if the reason you were forced to quit involves discrimination, whistleblowing, or health and safety issues, you may be able to claim from day one of your employment.

A Critical Warning: Don’t “Affirm” the Breach

One of the biggest risks in these cases is staying too long after the problem occurs. If you continue to work for a significant period after a fundamental breach, the law may decide you have “affirmed the contract”, meaning you’ve legally accepted the mistreatment.

This is why resigning under pressure is a delicate balancing act. We strongly recommend speaking to our Stockport-based employment team before you submit your resignation to ensure you are protected.

Why you should talk to us BEFORE you resign

For a successful constructive unfair dismissal claim, you need to be careful in relation to the timing of any resignation and how you resign. Writing your resignation letter in the right way is key to a successful constructive unfair dismissal claim. Our employment lawyers are able to help you draft your resignation and advise on any steps you may need to take prior to resigning. It is always advisable to take legal advice before making any decision to resign.

We will advise on any possible settlement to avoid Employment Tribunal proceedings, or if you decide to pursue an Employment Tribunal claim, we will act on your behalf and deal with the court process for you.

With extensive experience in advising on constructive unfair dismissal, you can trust that you are in the best hands for achieving the desired outcome. Once we have all the relevant information from you, we can assess the best way forward for you, whether you wish to reach a settlement or pursue a claim to an Employment Tribunal. Our team will keep you fully informed at each stage of the process to ensure that you feel as comfortable and supported as possible throughout

Contact our employment solicitors today

To discuss your constructive unfair dismissal issue or to find out more information about how we can help, please contact our employment team today on 0161 930 5151 or send us an e-mail to employmentteam@gorvins.com.

Alternatively, you can contact us using our online form.

Frequently Asked Questions

Do I need to have worked there for two years to claim?

In most cases, yes. To bring a standard constructive unfair dismissal claim in the UK, you usually need at least two years of continuous service. However, there are exceptions (such as discrimination or whistleblowing) where no minimum service is required. We can tell you exactly where you stand in a quick consultation.

What happens if I resign but lose my case?

This is the biggest risk of constructive dismissal. If a Tribunal decides the employer’s breach wasn’t “fundamental” enough, you are left with no job and no compensation. This is why we strongly recommend seeking legal advice before you hand in your notice: we can help you assess the strength of your evidence.

Can I claim constructive dismissal if I’ve already resigned?

Yes, you can. You have three months minus one day from your last day of employment to start the ACAS Early Conciliation process. Even if you’ve already left, contact us immediately to ensure you don’t miss these strict deadlines.

Will I still get a reference if I sue my employer?

Many employees fear they will be “blacklisted.” As part of a settlement negotiation, we almost always include a clause that guarantees a factual, professional reference for your future employers. This removes the “fear factor” of leaving on bad terms.

What is the “Last Straw” doctrine?

Sometimes, it’s not one big event but a series of small, frustrating incidents. The “last straw” is the final act that makes the situation unbearable. Even if that final act isn’t a breach of contract on its own, it can “revive” all the previous issues to support your claim.

Can I stay in my job while I start the claim?

No. By definition, constructive dismissal requires you to resign in response to a breach. If you stay, you are technically accepting the new (and unfair) terms of your employment. If you want to stay and fix the problem, you should look at our Grievance services instead.