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Employment Law
Breach of contract and constructive dismissal
If your employer has changed your employment contract without your consent or is breaching the terms of your contract, we can help.
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Practical legal advice when a contractual dispute leads to constructive dismissal
What is constructive dismissal?
Constructive dismissal is when an employee resigns because their employer has seriously breached the employment contract, making it reasonable for the employee to treat the contract as effectively ended.
Unlike ordinary unfair dismissal, the employee resigns rather than being dismissed by the employer.
Constructive dismissal: get advice before resigning
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.
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Negotiating the best outcome
Our experienced employment law specialists have handled multiple cases and we have numerous negotiation techniques and tactics up our sleeves. We’re adept in managing contractual disputes and we’ll be by your side, working to get you the best possible outcome.
Of course resigning from your job is often financially and emotionally daunting, so talk to our employment law specialist before you take any big steps. We will:
- help you plan your next steps
- plan the timings of each stage
- advise whether you can continue working for your employer following the breach and before you take the step of resigning.
How we can help with constructive dismissal
- Assess whether you have a claim – consider whether your employer’s actions amount to a fundamental breach of your employment contract.
- Advise before you resign – explain the risks and potential consequences of resigning, including whether resignation could affect your ability to bring a claim.
- Identify the breach – help establish whether issues such as a reduction in pay, changes to your role, bullying, harassment or a breakdown in trust and confidence may amount to a breach of contract.
- Gather and assess evidence – review correspondence, contracts, policies, grievances and other evidence that may support your claim.
- Advise on grievances – help you decide whether to raise a formal grievance before resigning and advise on the appropriate approach.
- Protect your position – advise on how to avoid inadvertently accepting or ‘waiving’ a breach by continuing to work after it occurs.
- Negotiate with your employer – seek to resolve the dispute and negotiate an appropriate exit package where possible.
- Advise on other potential claims – consider whether you may also have claims relating to discrimination, whistleblowing, unpaid wages or breach of contract.
- Bring an Employment Tribunal claim – advise on eligibility, prepare your claim and represent you throughout tribunal proceedings where appropriate.
- Help you understand your options – provide clear, practical advice so you can make an informed decision about whether to resign, negotiate or pursue a claim.
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.
Legal and financial advice under one roof
Tees is a top-tier Legal 500 firm offering joined-up legal and financial services. We have our own independent financial advisers (IFAs), who work closely with our lawyers.
Our advisers provide holistic financial planning and as we are not connected to any one provider, we can offer a whole-of-market approach for the range of products we can advise on. We can also give independent advice for a whole range of insurance products to protect you and your family. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we’re accountable for the advice we give.
Get in touch today, we’re here to help
If you’re facing difficulties at work or are considering resigning, our employment law specialists can help you understand your rights and options. Contact us for clear, practical advice tailored to your circumstances, so you can make an informed decision about what to do next.
We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales.
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“I had a separation agreement from my employer for which I needed prompt legal assistance, as I had a deadline of ~48 hours. After I contacted Tees, Ola called me almost immediately. She worked quickly and she was thorough and courteous with her advice towards me and her communication with my employer.”
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