Constructive Unfair Dismissal
Constructive dismissal is where an employee resigns in circumstances where they are entitled to do so because of the employer's conduct. Constructive dismissal claims are extremely hard to win as it is necessary to prove that the employee was forced to leave as a result of a fundamental breach of their contract of employment by their employer.
It must be shown that the breach was a serious one and that the employee left neither too quickly nor too long after the breach occurred.
To prove a constructive unfair dismissal, an employee must demonstrate that:
- the employer has breached the contract, and
- this is a significant or fundamental breach of contract, and
- they terminated their employment in response to that breach and did not delay resigning.
In certain circumstances where there has been a delay in resigning after the breach, a tribunal might conclude that they have affirmed the breach and the claim will fail.