I have resigned and/or left my job – Constructive Dismissal

Site updated on August 5, 2016

If you feel that you were forced to leave your job because of your Employers unreasonable conduct or behaviour, you may have a case that you were constructively dismissed. This actually means that you have resigned, you were not dismissed. This is a risky step to take as you are giving up your job and you may not get any compensation. You will also face the prospect of going to an Employment Tribunal to convince them that you were justified in leaving your employment. Try and sort this out with your Company if you can. Constructive dismissal really is your last resort!

If you really think that you cannot carry on working for your Employer because of unreasonable or unacceptable conduct, do not resign until you have taken some proper advice call our advice line for assistance. To win a claim of Constructive Dismissal, you will have to produce evidence at Tribunal that your Employer’s conduct was a fundamental breach of your contract. In other words it has to be over something significant and not a minor or trivial matter. You must resign as a result of this, not some months later!

You need two years service (since 2012) to make this claim.

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