Constructive Dismissal

The relationship between an employer and employee is a special one based on mutual trust and confidence. Each party has a duty to act properly and in good faith.

However where an employer acts in a way which is inconsistent with those obligations they might end up breaching the terms of the employment contract. This is known as a repudiatory breach of contract.

A repudiatory breach of contract by the employer entitles the employee, if they want, to treat the contract as being at an end. In practical terms the employee will resign but say that it is only because of the employer’s conduct. This is known as constructive dismissal.

If you have been constructively dismissed you may be able to bring a claim in the employment tribunal for constructive dismissal. The requirements for bringing such a claim are the same as for unfair dismissal. If you are successful you will be entitled to the same remedies as for an unfair dismissal claim.

To speak to someone about constructive dismissal or any other employment related issue call, email or request a call back from one of our specialist lawyers.