If your employer has forced you to resign through unfair treatment, you may be able to claim constructive dismissal. Our UK-wide employment solicitors explain whether you have a claim, what compensation you could receive, and what to do next clearly, quickly, and with your best interests first.
- Understand constructive dismissal claims UK-wide
- Check if you have a valid constructive dismissal claim
- Learn what compensation or payout you could receive
- Act within strict UK time limits
- Protect your position before you resign
- Get clear advice from employment solicitors UK-wide
Constructive Dismissal Solicitors UK – Clear Advice When You Need It
If you feel pushed out of your job, you’re not alone. Many people resign because their employer’s behaviour leaves them with no real choice. That’s known as constructive dismissal, and in the UK it can give you the right to claim compensation.
At Winston Solicitors, we’ve helped employees across the UK understand their rights and take control of what happens next. With over 3,000 five-star reviews, our employment law team is trusted for straight-talking advice when it matters most.
Around 11% of unfair dismissal claims brought to Employment Tribunals involve constructive dismissal.
I felt completely stuck at work. Winston explained my options clearly and helped me move on with confidence.
Client Review, Leeds
What Is Constructive Dismissal?
Constructive dismissal happens when your employer seriously breaches your employment contract, forcing you to resign. The resignation itself isn’t the problem - it’s the employer’s conduct that matters.
If your employer makes your role unworkable, and you leave because of that behaviour, you may have a constructive dismissal claim.
Common Reasons for Constructive Dismissal
Examples that may amount to constructive dismissal include:
- Unpaid or reduced wages
- Demotion without your agreement
- Major changes to duties or working hours
- Bullying, harassment, or discrimination
- Ignoring grievances or ongoing unfair treatment
- Loss of trust and confidence caused by employer behaviour
The breach can be one serious incident or a series of incidents over time.
Do I Have a Constructive Dismissal Claim?
To bring a claim, you usually need to show that:
- Your employer committed a fundamental breach of contract
- You resigned because of that breach
- You did not delay too long before resigning
If you stay on for too long after the breach, the law may say you accepted the situation. This is why early advice is critical.
It is important to always make it clear, ideally in writing, that you are resigning because of your employer's conduct.
Should I Raise a Grievance First?
Raising a grievance is not compulsory, but it is often sensible.
A grievance can:
- Give your employer a chance to fix the problem
- Strengthen your position if the case goes further
- Protect your compensation from being reduced
In serious situations, such as discrimination or harassment, raising a grievance may be unreasonable. We can advise on the safest option.
How Much Compensation Can You Get for Constructive Dismissal?
If your claim succeeds, compensation may include:
- Basic award (based on age, pay, and length of service)
- Loss of earnings
- Future loss of income
- Loss of benefits
- Adjustments for ACAS Code compliance
There is no fixed payout for constructive dismissal claims. Each case depends on its facts.
Employment Tribunals can reduce awards by up to 25% if the ACAS Code of Practice is not followed.
Time Limits for Constructive Dismissal Claims
Strict deadlines apply.
In most cases, you must:
- Start ACAS Early Conciliation within 3 months less one day of your last day of employment
- Act quickly. Delays can seriously weaken your claim
Missing a deadline can end your case entirely.
Settlement Agreements and Constructive Dismissal
If the working relationship has broken down, a settlement agreement may be the right solution.
This often follows:
- Raising a grievance
- Requesting a protected conversation
A settlement agreement can allow you to:
- Leave on agreed terms
- Receive compensation
- Avoid the stress of an Employment Tribunal
How to Claim Constructive Dismissal in the UK
Step-by-Step Guide
- Get legal advice before resigning
- Raise a grievance, where appropriate
- Resign clearly, stating the employer’s breach
- Start ACAS Early Conciliation
- Submit an Employment Tribunal claim, if needed
Constructive dismissal claims are notoriously complex claims. Getting advice before you resign can make all the difference to achieving a successful outcome.
Samira Cakali, Head of Employment at Winston Solicitors
Speak to a Constructive Dismissal Solicitor Today
Constructive dismissal claims are difficult to prove, and mistakes can be costly. Getting the right advice early can protect your position and your future.
Speak to an employment solicitor today for clear, confidential advice available UK-wide.
Constructive dismissal is when you resign because your employer has seriously breached your employment contract. The law treats this as a dismissal caused by the employer.
Yes, but only if you resigned because of your employer’s conduct and acted quickly. Delaying too long can weaken or prevent your claim.
You must show a fundamental breach of contract, that you resigned because of it, and that you did not accept the breach by staying on.
There is no fixed amount. Compensation may include loss of earnings, a basic award, and sometimes future losses.
You normally have three months less one day from your last day of employment to start ACAS Early Conciliation.
Constructive dismissal is a type of unfair dismissal. The difference is that you resign because of your employer’s behaviour.
