Constructive Dismissal is a very similar claim to Unfair Dismissal. The main difference between Constructive Dismissal and Unfair Dismissal is that an employee can claim Constructive Dismissal where they suggest that the employer has forced them to resign.

An employee must prove that the employer’s treatment of them was so unreasonable that they could no longer work for the employer and that the employer forced them to resign. This unreasonable behaviour must be serious enough that it can be found as an equivalent of dismissal. The employee must prove that the employer’s behaviour has effectively breached a fundamental term of the contract of employment. There are many other reasons reasons why an employee can claim that they have been forced to leave.

In most cases, an employee will require 12 months' full service to qualify for the protection of Constructive Dismissal. However, there are lots of exceptions to this requirement. If you believe that you are being forced to resign or have already had to resign, please complete the free enquiry form.