TL;DR: Too long, Didn’t read
The Definition: Constructive Dismissal is when you resign because your employer’s behaviour was so bad that you had no choice but to leave.
The “Breach”: You must prove they committed a “Fundamental Breach of Contract” (e.g., bullying, not paying you, unsafe conditions).
The Trap: If you wait too long to resign, the law assumes you “accepted” the bad treatment. You must act fast.
The Reward: If successful, you can claim the same compensation as Unfair Dismissal (up to £118,223 or 52 weeks’ pay).
Your boss didn’t fire you. In fact, they haven’t said the words “you’re fired” at all. Instead, they have cut your hours. They have shouted at you in front of colleagues. They have ignored your grievances. They are making your life miserable, hoping you will just give up and hand in your notice.
If this sounds familiar, you might be a victim of Constructive Dismissal. This is one of the hardest claims to win in UK employment law, but if you can prove it, it turns your resignation into a firing—and entitles you to thousands in compensation.
Here is how to spot it, when to quit, and how to build your case.
What is Constructive Dismissal?
Constructive Dismissal happens when an employee resigns because their employer has committed a “Fundamental Breach of Contract.” This breach is so serious that it destroys the employment relationship.
It is NOT:
You just don’t like your boss.
You found a better job.
They gave you a reasonable warning for bad performance.
It IS:
Non-Payment: They stopped paying your wages or illegally deducted money.
Demotion: They suddenly demoted you or cut your pay without your agreement.
Bullying: You are being harassed, humiliated, or discriminated against.
Safety: They are forcing you to work in dangerous conditions (e.g., driving a faulty van).
The “Last Straw” Doctrine
Sometimes, it isn’t one big event (like a pay cut). It is a series of smaller incidents over months—constant criticism, exclusion from meetings, snide comments. The final incident (the “Last Straw”) might be small, but it allows you to resign and claim for the whole pattern of behaviour.
The Golden Rule: Don’t Wait Too Long
This is where most people fail. If your boss cuts your pay illegally in January, but you keep working until July, a Tribunal will say you “Affirmed the Contract.”
By staying, you accepted the new terms.
To claim Constructive Dismissal, you usually need to resign quickly after the breach (often within weeks, not months).
Step-by-Step: How to Build Your Case
Warning: Resigning is a huge risk. Always get legal advice (ACAS or a solicitor) before you quit.
Step 1: Raise a Formal Grievance
You must try to resolve it internally first. Send a written grievance letter detailing the breach. If you resign without doing this, your compensation can be cut by 25%.
Step 2: The Resignation Letter
Do not write “I am leaving to pursue other opportunities.” You must write: “I am resigning with immediate effect due to [specific breach], which constitutes Constructive Dismissal. I consider my contract to be fundamentally breached by your actions.”
Step 3: Contact ACAS
You have 3 months less one day from the date you resign to start the “Early Conciliation” process with ACAS. If you miss this deadline, you can’t sue.
A Quick Story: Meet James
The Issue: James was a Sales Manager. His new boss took away his key accounts, moved his desk to the basement, and publicly called him “useless” in meetings.
The Mistake: James almost just quit to find a new job.
The Fix: He spoke to ACAS. He filed a Grievance (which was ignored). He then resigned citing “Breach of Trust and Confidence.”
The Win: James took them to a Tribunal. The judge ruled the boss’s behaviour was calculated to force him out. James won £15,000 in compensation.
Frequently Asked Questions
Do I need 2 years’ service?
Yes. Generally, you need to have worked there for 2 years to claim Constructive Unfair Dismissal.
Exception: You don’t need 2 years if the breach was due to Discrimination (Race, Sex, Disability) or Whistleblowing.
Should I work my notice period?
Usually, no. Resigning with “Immediate Effect” sends a stronger signal that the breach was intolerable. If you work your 4-week notice, the employer can argue things weren’t that bad.
Is it hard to prove?
Yes. The burden of proof is on you. You need emails, witness statements, and a paper trail of your grievance. Keep a diary of every incident.
(Sources: ACAS – Constructive Dismissal, Citizens Advice – Resigning)
This is general information, not legal advice. Resigning is high-risk. Contact ACAS immediately if you are considering this.