Nationwide Employment Lawyers
Legal enquiries and clients : 0333 242 3851
Get in Touch
Service Rating: Damian McCarthy 5 starts - Service Rate
  • About Us
    • Contact
    • Howell John
    • Damian McCarthy
    • Simon Armstrong
    • Case Studies
    • Employment Law News
  • Employee Services
    • Questionnaire
    • Contact
    • Locations
    • Dismissal
    • Whistleblowing Law
    • Discrimination
      • Sex discrimination
        • Maternity rights in employment
        • Pregnancy or maternity discrimination
        • Returning to work and flexible working
        • Health and safety for pregnant women in the workplace
        • Sexual Harassment
      • Disability discrimination
      • Race discrimination
    • Equal Pay
    • Bullying and Harassment
    • Family Friendly Rights
    • Disciplinary and grievance hearings
    • Contracts
    • Transfer of Undertakings
    • Agency workers and part time workers
    • Privacy at work
    • Constructive dismissal
    • Resignation letter templates
      • Constructive dismissal letter template
      • Standard notice resignation letter template:
      • Short or long notice request template
    • Health and Safety at Work
  • Locations
    • London – Berkeley Square
    • London – Canary Wharf
    • London – Croydon
    • London – Hammersmith
    • London – High Holborn
    • London – King’s Cross
    • London – Liverpool Street
    • London – London Bridge
    • London – Richmond
  • Case Studies
    • A v PWC
    • P v S (confidential)
    • Moira Stuart quits, reigniting BBC ageism row
    • Married HBOS bank manager propositioned by colleagues
  • News
  • FAQ
  • Contact



Constructive Dismissal & Resignation Advice

Constructive dismissal arises when an employee has no choice but to resign because of the behaviour of their employer. This will still count as a “dismissal”.

 

Letter Template
Please click here to see our Constructive Dismissal Resignation Letter Template

 

What is constructive dismissal?

 

When employer behaviour triggers a resignation from an employee, this result is considered a fundamental breach of the employee’s contract for which justice can be sought. Although it is necessary to ensure the employee did not ‘affirm’ the contract beforehand, which is the act of signing an agreement consenting to the employer’s behaviour which promoted the resignation.

 

Another act of affirmation could be that the employee delayed acting on the breach of contract before resigning, which may cause an Employment Tribunal to decide the contract has been affirmed and that the breach is acceptable.

 

In most cases, an employee will need to have been employed for two continuous years with an employer before they can claim for constructive dismissal. However, there are special circumstances in which this is not the case, such as where the employee has been dismissed as a result of an act of whistleblowing or a case based on discrimination.

 

A fundamental breach of contract

 

A fundamental breach of contract is a key component for constructive dismissal and it covers a wide range of situations. This breach depends predominantly on the conditions set out by the employment contract (the ‘express’ terms), as well as the relationship of trust and confidence between employer and employee (‘implied’ terms).

 

It is usually easier to prove a breach of an express term than an implied term. Circumstances of this kind can include where an employer takes away benefits set out in a contract, such as the entitlement to medical insurance.

 

This will also apply to other conditions, such as the removal of job responsibilities set out in the contract, enforcing a pay cut, enforcing an unjustified suspension, carrying out a disproportionate disciplinary procedure, failure to provide safe working conditions, or preventing the chance for employees to obtain a grievance redress.

 

However, a breach of implied terms can still be proven, and any act made in bad faith, from which the employee-employer relationship of trust and confidence is broken without good reason, will most likely qualify.

 

Other acts of bad faith that may constitute a breach of the trust and confidence inherent in an employer-employee relationship includes meting out humiliating discipline to an employee in front of subordinates, the use of obscene language in their presence, or giving unjustified warnings(s) intended to dishearten the employee and influence them into resigning.

 

Resigning for constructive dismissal

 

One of the most important steps for an employee who intends to resign on grounds of constructive dismissal must take is to first inform the employer of the breach of contract. If this is not done the right to claim is lost and the breach is legally acceptable. There must have been a breach before the resignation is tendered or there can be no constructive dismissal.

 

The resignation letter of an employee looking to make a claim of constructive dismissal at the Employment Tribunal should include a statement in which the employee explains how they feel they have no other choice but to resign. It is also a good idea for an employee to give the employer clear reason(s) for their resignation.

 

In an instance where the breach of contract consists of a series of events or conducts, these actions can be grouped together to form a fundamental breach of contract, even if the last incident does not count as a fundamental breach on its own.

 

The ACAS Code of Practice on Discipline and Grievance Procedures requires any grievance to first be raised with an employer in written form. Although failure to do this will not prevent a claim from reaching an Employment Tribunal. Where an employee should have complied with the Code but has not, any compensation they are awarded at the end of the Tribunal process may be reduced by up to 25%.

 

When there has been a serious breach of contract and an employee cannot continue working, they may not be required to work their notice period. However, it is important to seek legal advice before deciding not to work the notice period.

 

Procedure for claiming constructive dismissal

 

Once an employee has notified their employer of the grievance in writing, the employer must schedule a meeting in which the grievance is discussed; unless both employer and employee mutually decide to progress without the need for a meeting.

 

Once the meeting has taken place, the employer must make the employee aware of what his or her decision is regarding the grievance, and what the next steps will be should the employee want to appeal the decision. There may also need to be another meeting, after which a final decision is usually reached.

 

An Employment Tribunal claim for constructive dismissal must be enacted within three months less one day from the contract breach, or act of wrongful dismissal, in order for the grievance to be heard by an Employment Tribunal. This must be done regardless of internal grievance procedures or time spent following the ACAS Code of Practice on Discipline and Grievance Procedures.

 

If the claim totals more than £25,000, the Employment Tribunal cannot hear it and the case will need to go to a County Court where there are different time limits. Advice on how to proceed with a case worth more than £25,000 should be taken from an employment law specialist.

 

There may also be different rules for a claim in which the events concerned happened prior to, or was ongoing through, the date of 6th April 2009.

 

An award for constructive dismissal

 

Unless statutory redundancy pay has been paid (in which case there will be no basic award), the basic award is calculated as:

 

£430 per week for each year of employment x 0.5, 1 or 1.5, depending on the age of the employee.

 

A compensatory award can also be made and this will amount to:

 

Up to £72,300, based on the employee’s losses and taking into account the steps the employee took to find another job and minimise their losses during the time he or she was unemployed after dismissal.

 

 

Letter Template
Please click here to see our Constructive Dismissal Resignation Letter Template

 

Seeking legal advice about constructive dismissal

 

If you have resigned on grounds of constructive dismissal and there has been a breach of your employment contract, it is beneficial to get some legal advice from an employment law expert. They can advise you as to whether you should bring a claim for constructive dismissal to the Employment Tribunal or County Court and provide you with some tailored guidance on proving constructive dismissal. The Nationwide Employment Lawyers team can support you with your dismissal claim and ensure your best interests are protected at all times. 

 

Latest News

 




Social Share
  • google-share

Our specialist areas of law

  • Employment Tribunals
    • Employment Tribunals London
  • Dismissal
    • Unfair Dismissal
    • Constructive Dismissal & Resignation Advice
    • Compromise agreements
    • Executive Dismissal
    • Whistleblowing Law
    • Redundancy claims
    • Age Discrimination & Redundancy – Protection for all Ages In Redundancy
    • Collective redundancy
  • Whistleblowing
    • Whistleblowing Law
  • Discrimination (overview)
    • Discrimination at work – overview
  • –– Sex Discrimination
    • Maternity rights in employment
    • Pregnancy or maternity discrimination
    • Returning to work and flexible working
    • Health and safety issues for pregnant women in the workplace
  • –– Disability discrimination
    • Disability discrimination
  • –– Race discrimination
    • Race discrimination
  • –– Age discrimination
    • Age discrimination in recruitment and selection
    • Age discrimination – your rights at retirement
    • Age discrimination and redundancy – protection for all ages in redundancy
    • Age discrimination and pensions
    • Age discrimination and benefits
  • –– Sexual-orientation discrimination
    • Sexual-orientation discrimination in goods and services
  • –– Religious discrimination
    • Religious discrimination
  • –– Gender reassignment discrimination
    • Gender reassignment discrimination
  • Equal pay
    • Equal pay
  • Bullying and Harassment
    • Bullying and harrasment at work
  • Family-friendly rights
    • Family leave
    • Maternity rights in employment
    • Pregnancy and maternity discrimination
    • Return to work and flexible working
    • Health and safety for pregnant women in the workplace
    • Paternity rights
    • Maternity
    • Part-time workers
  • Disciplinary and Grievance Hearings
    • Disciplinary Hearings & Procedures
    • Grievance procedures
  • Contracts
    • Bonus disputes and discrimination
    • Bonus disputes
    • Bonus discrimination & The Risks Associated With It
    • Contract disputes and permanent health insurance
    • Employment contract disputes – restrictive covenants
  • Transfer of Undertakings
    • Transfer of undertakings (TUPE)
  • Agency Workers and Part Time Workers
    • Agency workers
    • Part-time workers
  • Privacy at Work
    • Privacy at work
  • Letter Templates
    • Constructive dismissal letter template
    • Standard notice resignation letter template:
    • Short or long notice request template

Contact Us

  • We will be able to help you quickly if you leave us a contact phone number. We keep this strictly confidential.
  • This field is for validation purposes and should be left unchanged.

Quick Links

Navigation

About Us
Employee Services
Locations
Case Studies
News
FAQs
Contact

Terms

Privacy statement
Terms

Copyright Notice | Disclaimer | Website Terms & Conditions | Privacy Statement
ACAS | EHRC
Nationwide Employment Lawyers Ltd is Authorised and Regulated by the Financial Conduct Authority. For peace of mind you can find information about our authorisation by checking the Registration number 838365 on the Financial Services Register : register.fca.org.uk. Please note all telephone calls are recorded, as required by the regulator. Nationwide Employment Lawyers Ltd is not a firm of solicitors. Instead we offer an exceptional level of service using specialist employment law Solicitors, Barristers and a Senior Advocate.
Please contact us using either the questionnaire, quick contact form (above) or telephoning us on 0333 242 3851.