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If you feel forced to resign from your job due to your employer’s behaviour, you may be entitled to pursue a constructive dismissal claim. At Stephensons, our experienced employment law solicitors are here to support individuals who find themselves in this challenging and uncertain situation. We understand the emotional and financial strain that leaving a job under such circumstances can cause, and we are committed to helping you secure the justice and compensation you deserve.
Our team provides clear, practical legal advice and representation for employees in a wide range of industries and roles. Whether your working conditions have deteriorated, you've been unfairly treated, or your employer has breached the terms of your contract, we can help you understand your legal position and take the appropriate steps toward a claim.
Constructive dismissal occurs when an employee resigns in response to a serious and fundamental breach of contract by their employer. Although you are technically resigning, the law may treat your situation as a dismissal due to the employer’s conduct. A constructive dismissal claim allows you to bring a case before an employment tribunal to seek compensation for the loss of your job.
Examples of conduct that may amount to a constructive dismissal include:
To bring a successful constructive dismissal claim, you must prove that the employer’s breach was serious enough to justify your resignation and that you resigned in direct response to that breach. Our specialist employment law solicitors can help you assess the strength of your claim and guide you through the legal process.
Stephensons is a full-service national law firm with a wide range of experience in employment law, particularly in representing individuals facing unjust treatment at work. Our employment law team has been recognised by the Legal 500 and holds specialist accreditations, demonstrating both the quality and consistency of our legal services.
Our solicitors are members of the Employment Lawyers Association (ELA), and we hold the Law Society’s Lexcel accreditation for excellence in legal practice management and client care. As a firm, we are known for our clear communication and strong advocacy, ensuring that clients are fully supported every step of the way.
We also have a strong base in employment-related claims linked to public interest disclosures and whistleblowing, which often overlap with constructive dismissal cases. No matter the complexity of your case, we are here to offer practical advice and representation that is tailored to your specific circumstances.
At Stephensons, we know that no two situations are the same. Our employment law solicitors will take the time to understand the details of your case, assess the legal merits of your claim, and advise you on the best course of action. We offer assistance with:
We offer a range of funding options, including fixed fees and, in some cases, no win no fee agreements. During your initial consultation, we’ll provide clear guidance on costs and help you find a solution that suits your financial situation.
If you’re considering making a constructive dismissal claim, it's important to act quickly. You usually have three months less one day from the date of your resignation to begin the process by submitting an early conciliation request to Acas. This is a mandatory step before lodging a claim with an employment tribunal.
Failing to meet this deadline could mean that your claim is rejected, so we recommend speaking to a solicitor as soon as possible if you believe you have grounds for a claim. Stephensons can help you meet all necessary deadlines and ensure your case is handled professionally and efficiently.
Unfair dismissal typically involves an employer terminating an employee’s contract without fair reason or without following a fair procedure. In contrast, constructive dismissal arises when the employee resigns due to their employer’s serious misconduct or breach of contract.
Both types of dismissal can lead to a tribunal claim and potential compensation, but they require different approaches. Our team can assist in determining which type of dismissal applies to your situation and help build a strong case for either claim.
If your constructive dismissal claim is successful, you may be awarded compensation made up of several elements:
Our solicitors will work to calculate the full value of your claim and ensure that every relevant element of loss is included. We are committed to securing the best possible outcome on your behalf.
While it is not a legal requirement to raise a formal grievance, doing so may strengthen your case by showing that you gave your employer a chance to resolve the issue. If the grievance is ignored or inadequately addressed, this can support your claim that the employer breached your contract.
Yes, you can still bring a claim if you are within your probation period, provided you have been employed for at least two years. However, if your claim involves discrimination or whistleblowing, there is no minimum length of service required.
Before submitting a tribunal claim, you must notify Acas and go through early conciliation. Acas will attempt to mediate a resolution between you and your employer. If no agreement is reached, Acas will issue a certificate that allows you to proceed with your claim.
Constructive dismissal claims can be complex and are often harder to prove than direct dismissals. You must show that your employer’s actions amounted to a fundamental breach of contract and that you resigned in response to that breach. Having a skilled solicitor on your side can significantly improve your chances of success.
Yes. Many constructive dismissal disputes are resolved through negotiation, resulting in a settlement agreement. These agreements can include financial compensation and references in exchange for you waiving your right to bring a claim. Stephensons can negotiate on your behalf to secure the best possible terms.
If you believe you have been forced to resign from your job due to your employer’s actions, it’s important to seek legal advice as early as possible. At Stephensons, we understand how difficult this time can be, and we’re here to provide the expert guidance and support you need to make a constructive dismissal claim.
For advice we recommend completing our online enquiry form - by completing the form as fully as possible, it will allow us to assess your case much more efficiently to tell you whether we can assist and what funding option we can recommend.
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If your work situation becomes untenable, it's wise to consult an experienced employment solicitor. They can assess whether you could pursue a constructive dismissal claim due to a fundamental breach of your employment contract following your resignation. They will guide you through the process and ensure your rights are protected in challenging workplace circumstances.
You have three months minus a day from your resignation to initiate tribunal action by first starting the ACAS early conciliation process. It is worth checking any insurance policies you have such as car and home insurance as they may cover legal expenses for consulting a lawyer.
When an employer makes a job untenable, they effectively force the employee to resign involuntarily. This situation, known as constructive dismissal, occurs when working conditions become so intolerable that the employee has no choice but to leave.
Constructive dismissal compensation is based primarily on financial loss arising from your resignation. You are under a duty to mitigate your loss by finding alternative employment. As such any loss is largely dependant on the time you are out of work and if you can show you have taken reasonable steps to find alternative employment.
Constructive dismissal cases, which arise from certain serious breaches of employment contracts, will be dealt with in an employment tribunal. Seeking guidance and making sure there is an understanding of the implications beforehand is crucial before taking any legal action or decisions regarding whether to pursue a case. Cases do often settle however, and therefore, as your solicitors, we will look to explore settlement options with your former employer..
For a successful constructive dismissal claim, employees must evidence that there is a serious breach of contract such as intolerable work conditions, loss of trust and confidence by the employer, and that they resigned in good time in response to any breach of contract. Gathering evidence like communication records, performance reviews, and keeping contemporaneous records may strengthen the case.
If successful in a constructive unfair dismissal claim, an employment tribunal may grant: 1) Reinstatement, allowing return to the same role (rarely awarded); 2) Re-engagement, permitting a similar position to the one held prior to dismissal (also rare) or 3) more commonly, financial compensation for loss arising from the dismissal.
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