Breach of contract and constructive dismissal

Constructive dismissal claims are usually very hard fought and tend to be very fact-specific and difficult claims to win. Given that you have to resign to bring such a claim, you would be putting yourself out of work, so a lot of care needs to be taken about whether this is the right decision for you. If you think you may have a case, it’s important to get legal advice as soon as possible and not to delay. If there’s a long time between the breach happening and you resigning, your employer may try to claim that you’ve waived your rights – waiting a long time can look like acceptance.

Can I claim for constructive dismissal if I resign?

To claim for constructive dismissal you must resign first and must do so promptly in connection with the breach. To pursue a claim, you need to have a serious reason to resign. You may be complaining about a breach of an express term of your written contract, or of implied terms such as “trust and confidence”. There are a range of actions which may, depending on the circumstances, entitle an employee to pursue a constructive dismissal claim including:

• reducing your pay 
• demoting you
• changing the type of work you do
• bullying or harassing you
• putting you through disciplinary proceedings which are unreasonable or not justified
• not protecting you at work in terms of health and safety.