Constructive Dismissal is one of the most commonly raised inquiries we get and one of the hardest claims to bring. Strictly speaking, it is a breach of contract claim, but it can also involve issues of unfairness and accordingly can be brought as either an unfair dismissal claim or as a wrongful dismissal claim.
Put simply, if an employer fundamentally breaches the terms of the contract of employment in a way that is so serious that it makes it impossible for the employee to continue working, a claim for constructive dismissal may arise. The employee would argue that the employer's actions had the effect of dismissing them. The employee must notify the employer that they are treating the contract as being at an end and they can then claim for damages for the notice period and, if eligible to apply, compensation for being unfairly treated (see unfair dismissal). You should always seek expert legal advice as soon as possible before claiming constructive dismissal and we are always happy to advise.
Anyone whose contract of employment has been breached can make a constructive dismissal claim. Not everyone will be able to claim for unfair dismissal because some people will be constructively dismissed who have not had two years' continuous service with their employer.
Claims for wrongful dismissal are limited to the length of your notice period and will, therefore, include base salary and contractual benefits during that time. The claim could be brought either in the Empoyment Tribunal, the County Court or the High Court, depending on the value of the claim. The unfair dismissal element will be dealt with as described on the Unfair Dismissal page.
If you believe that you have been constructively dismissed, we would recommend that you seek advice before resigning. Please give us a call on 01474 834664.
