Constructive dismissal
A claim for constructive dismissal can be brought against your employer if you believe staying with the employer is impossible. The employer has not actually dismissed you but you have been given no option but to leave.
In order to bring a claim of constructive dismissal there must be a fundamental breach of contract by the employer. You need to leave alleging constructive dismissal.
Staying on in your job and working your notice may be inconsistent with the argument that you believe you have no option but to leave. Do not delay. If you are relying on a breach of contract, you must act promptly after that breach occurs.
If you are successful in claiming a constructive dismissal, potential claims for both wrongful and unfair dismissal may follow. If you are unsuccessful then you will be regarded simply as having resigned.
Executive Reps
Our new service for individuals facing grievance and disciplinary hearings.
Constructive dismissal Fact Sheet