If you've been unfairly dismissed or so poorly treated at work that you had to resign, you may have a claim for unfair or constructive dismissal. We're here to help you if you're considering resigning or pursuing a claim at an employment tribunal if you've been unfairly dismissed.
Constructive dismissal – also known as constructive unfair dismissal – occurs when your employer has treated you so badly that you've no choice but to resign. This can happen for contractual reasons, such as when you've not been paid, but it can also happen because you've been subjected to discrimination, victimisation or harassment in the workplace or if the trust and confidence in the employment relationship has fundamentally broken down.
If you believe that your position at work has become untenable, it's often a good idea to talk to an experienced employment solicitor to find out if you may be able to resign and then bring a constructive dismissal claim. Alternatively, if you've already been forced out of your job, or unfairly dismissed in some other way, we're always happy to guide and advise you.
Making a claim for constructive or unfair dismissal can be incredibly complex, as your case will rest on being able to prove that your treatment was unjust or so bad you had no choice to resign your post. It is therefore essential that you speak to an expert in the field, with a wealth of experience and a proven track record of success.
Our team are leaders in the field, supporting hundreds of clients every year in securing their employment rights. Call us on 0330 041 5869 or contact us online to request a call back.
What is wrongful dismissal?
The difference between an unfair dismissal and a wrongful dismissal is that, while unfair dismissal refers to bias or unjust decisions within the dismissal process, wrongful dismissal describes a situation in which an employee has been terminated in a manner that breaches the terms of their contract.
For example, wrongful dismissal could include:
Failing to give proper notice (or any notice, except in cases of gross misconduct) of intention to terminate your contract
Ignoring or not acting in accordance with disciplinary procedures
Failure to follow redundancy procedures
Terminating a fixed-term contract before it has expired
Making unilateral changes to terms of employment, such as reducing pay or benefits
What are the grounds for a constructive dismissal claim?
There are times when employees may find they feel unable to continue working in their current role, and that they have no choice but to resign, even if they don’t want to or cannot afford to do so.
There are many reasons why this may occur, from feeling unsafe due to harassment or bullying, or being mistreated by senior colleagues. Other issues include:
Your employer has made unilateral decisions to alter your working environment or conditions without consent (including changes to pay, working hours, or location)
You have been demoted without cause
Your employer has failed to address concerns of harassment, bullying or discrimination
You have been set excessive workloads or unrealistic targets designed to force you out of the business
You have not received the necessary support or tools to do your work
There have been false accusations made against you or your authority has been undermined with no proper investigation or remedy
Whatever the circumstance, if you’ve worked at the same company for at least two years, you could be entitled to bring a constructive dismissal claim against your employer.
It is important to know that making a claim is a big step and will require substantial evidence, so the decision to do so should only be taken after careful consideration and as a last resort.
If you feel that a constructive dismissal claim may be the way forward for you, you should speak to one of our friendly, specialist employment solicitors as soon as possible, ideally before you resign. We’ll discuss your situation in detail, examining the details of your case and providing tailored legal advice so you can proceed with confidence.
If you've worked for an employer continuously for at least two years, you have several legal rights that mean you cannot be dismissed without a fair reason. In the eyes of the law, fair reasons for dismissal could include:
Capability: Where your health or abilities are not up to the demands of your role, for example if you have had persistent or long-term illness that makes it impossible to do your job
Conduct: Where your behaviour is deemed unacceptable or inappropriate, such as poor attendance, harassment, bullying, theft, dishonesty, drug or alcohol abuse in the workplace
Redundancy: Where roles no longer exist or there's a reduced requirement for a particular role of type of work, and you've been selected for redundancy based on fair criteria and a fair selection process
Breach of statutory restriction: Where you are no longer able to perform the duties of your role legally, for example, if you are required to drive for work and you lose your licence
Some other substantial reason (SOSR): This can encompass various scenarios not covered in the above and could include breakdowns in working relationships with colleagues or clients, or if your continued employment could lead to damage to the business reputation (for instance, if you’ve been arrested)
Dismissals made on the basis of SOSR can seem subjective. The core issue with any of these dismissals is that the reason must be ‘substantial’, and your employer will need to be able to prove that it is a significant impact on the business.
Reputational damage is one of the most common ‘other substantial reason’ given, which can be quite vague. If you’re unsure of whether your employer’s decision with fair, it is important to seek advice from a specialist employment lawyer as soon as possible.
Is there a minimum length of service for an unfair or constructive dismissal claim?
In most cases, you will need to have worked for your employer continuously for 2 years before you can make a claim for unfair or constructive dismissal. If you have not yet worked for your employer for 2 years, you won’t be able to take legal action against your employer, even if it feels unfair.
There are, however, some exceptions to this rule. These include:
Dismissal for whistleblowing
Dismissal on the grounds of discrimination (including sex, sexuality, disability, race and other protected characteristics)
Dismissal due to breach of contract (for example, your working hours, pay, overtime policy has been changed without your agreement)
How to claim for unfair or constructive dismissal
Speak to our employment specialists for tailored legal advice as soon as possible to start your claim within the time limit
We will examine the details of your case and advise you on the best way forward, including considering a formal grievance with your employer
You will need to take part in Acas Early Conciliation with your employer – this is mandatory, and attempts to resolve issues before they reach tribunal
If your case has not been resolved, you can then lodge an employment tribunal claim. Our industry-leading employment solicitors will be on hand throughout to support you.
At every stage, our specialist solicitors will provide award-winning legal advice, tailored to you, ensuring your case has the best possible chance of success
Why choose Slater and Gordon’s constructive and unfair dismissal solicitors
No one should be made to feel like they are being forced out of employment or have to struggle with the impact of lost employment due to someone else’s unjust actions. If you feel like you’ve been treated unfairly by your employer, our specialist unfair dismissal solicitors are ready to provide the support and legal expertise you need.
Our employment team have an outstanding track record of success in handling unfair dismissal claims, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you!
V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue.
D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service.
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Frequently asked questions about constructive and unfair dismissal claims
What is the difference between unfair dismissal and constructive dismissal?
A constructive dismissal is a type of unfair dismissal claim and is brought when an employee has been forced to resign due to their employer’s behaviour, as opposed to their contract being terminated by their employer unjustly. This constitutes a form of unfair dismissal as they have still caused their employee to do so themselves due to unjust conduct.
What are the most common grounds for unfair and constructive dismissal claims?
As we have mentioned, there are many ways in which an employee can be unfairly or constructively dismissed, though some of the most common include:
Being bullied or harassed in the workplace until you have no choice but to resign
Being forced to work excessively or not being paid the agreed amount without good reason
Being dismissed due to whistleblowing, or taking leave you were entitled to, such as maternity, paternity or adoption leave
How much compensation can I expect if I win an unfair or constructive dismissal claim?
The exact amount of compensation you can expect from an unfair or constructive dismissal claim will depend upon the exact nature of your dismissal, though every successful claim will be awarded compensation in two parts: the basic award, and the compensatory award.
The basic award is calculated based on your age, weekly gross gap (to a maximum of £719) and the number of years you have been employed by your employer. From 6 April 2025, the maximum amount that can be paid out for a basic award is £21,570.
The compensatory award works usually makes up the bulk of your compensation and essentially compensates you for any money you lost while you were out of work. From 6 April 2025, the cap on this award is one year’s salary or £118, 223, whichever is lower. You will also need to provide evidence that you have attempted to find a new job since leaving your last.
What is the time limit for making an unfair or constructive dismissal claim?
If you feel you’ve been unfairly dismissed, or forced to resign, it is important that you start the claims process as soon as possible, you have only three months, less one day, from the date of your unfair or constructive dismissal to file a claim. You must start the mandatory Advisory, Conciliation and Arbitration Service (ACAS) Early Conciliation process before the time limit. This process is compulsory for most claims and must be completed and a certificate issues by ACAS before you can lodge a claim with the Employment Tribunal.
Do I have to work my notice period if I resign in a constructive dismissal case?
No, you don’t have to work your notice period in these cases, though you can choose to do so if you wish. Keep in mind, however, that continuing to work after handing in your notice can be risky, as your employer could use it as evidence of tolerance to your working situation, which could make the issues you face appear less severe. It could also suggest implied consent to any changes in your employment.
If you are considering resigning from work on the grounds of constructive dismissal, we strongly recommend speaking to one of our specialist employment solicitors, as they will be able to advise you on issues such as working your notice period and the impact it can have.
Automatically unfair dismissals are categorised as those that are inherently unfair and unlawful, regardless of the employer’s reasoning or the number of years you have worked for them. Most automatically unfair dismissals infringe an employee’s rights by law, including:
Pregnancy and maternity, including any issues relating to either
Requesting time off for parental leave, including paternity and adoption leave, or time off to care for dependants
Acting as a representative for employees or as a trade union representative
Joining (or not joining) a union
Requesting, or being, a part-time or fixed-term employee
Whistleblowing, or taking action on the grounds of health and safety
Forced retirement (dismissing an employee due to age)