Constructive Dismissal

Constructive Dismissal covers the situation where you are compelled to quit your job in response to the unreasonable conduct of your employer.

In order to claim constructive dismissal, you need to show that:

• Your employer has caused a serious breach of your employment rights;
• You were compelled to leave because of that breach; and
• You have not accepted the breach.

The breach must be a fundamental breach of your contract, which goes to the heart of the contract. Not every breach of contract by your employer will be considered a fundamental breach. Examples of a fundamental breach of contract could include cutting your pay, suddenly demoting you, being subject to harassment or violence, or dangerous working conditions.

To claim constructive dismissal, you need to show that the relationship between you and your employer has completely broken down and that it is impossible to work there. A constructive dismissal can be as a result of a single incident, but more often it will be a buildup of less serious incidents which considered as a whole, amount to a fundamental breach.

We can assist you in trying to resolve any problem by raising a grievance. If this is unsuccessful and you feel you have to quit and claim constructive dismissal because your position is untenable, you should obtain legal advice before doing so. It is often very hard to prove that your employer's behaviour was so bad as to force you to leave.