Constructive dismissal solicitors

Constructive dismissal is when your employer breaks your contract so badly that you have no real choice but to leave, and you resign because of it. The law then treats you as dismissed, so you can claim unfair dismissal even though you walked out. These claims succeed or fail on what you do before you resign, so take advice first. We advise employees across England and Wales by phone and video, and in person at our Manchester office.

What counts as constructive dismissal

You must show three things:

Your employer committed a fundamental breach of your contract. That can be a breach of an express term, such as cutting your pay or demoting you without agreement, or of the implied term of trust and confidence that is in every employment contract.
You resigned because of that breach. It need not be the only reason, but it must be an effective one.
You did not delay too long or carry on in a way that shows you accepted the breach.

The test comes from Western Excavating (ECC) Ltd v Sharp [1977] EWCA Civ 2. The courts look at your employer's conduct objectively. Feeling badly treated is not enough on its own; the conduct has to be serious enough to destroy or seriously damage the working relationship (Malik v BCCI [1997] UKHL 23).

Common examples

Pay cut, unpaid wages or a change to commission or bonus without your agreement.
Demotion, removal of duties or a major change of role or location you did not agree to.
Bullying, humiliation or harassment by a manager, or a failure to deal with it.
A grievance ignored, or handled so badly that it was no real process at all.
False accusations, or a disciplinary process used to push you out.
Being made to work in unsafe conditions.

The last straw

Sometimes no single incident is enough, but a series of them is. The final act, the "last straw", does not have to be serious on its own, but it must add something to what went before. You can rely on the whole course of conduct even if you put up with earlier incidents, as long as you resign in response to the last one (Kaur v Leeds Teaching Hospitals NHS Trust [2018] EWCA Civ 978).

Before you resign

Speak to us first. Once you resign you cannot take it back, and the claim depends on how and when you do it.
Raise a written grievance unless that is pointless or unsafe. It gives your employer a chance to put things right and shows a tribunal you tried. Failing to raise one can reduce your compensation by up to 25%.
Keep records: emails, messages, payslips, notes of meetings with dates and names.
Do not wait too long. Carrying on for months without objecting can be treated as accepting the change. If you need time, say in writing that you are working under protest.
Line up your finances. A constructive dismissal claim is not quick, and a new job may reduce what you can recover.
Resign in writing and say why: the breach, or the last straw, that made you leave.

Who can claim and when

To claim constructive unfair dismissal you need two years' service if your resignation takes effect on or before 31 December 2026, and six months if it takes effect on or after 1 January 2027.
No qualifying service is needed where the reason for the treatment was discrimination or whistleblowing, or for a breach of contract claim for notice pay.
For anything that happened on or after 1 October 2026 you have six months less one day to start a tribunal claim, and you must contact Acas for early conciliation first. For earlier events the limit was three months, so check the date with us straight away.

What you can claim

The same as for an unfair dismissal: a basic award, and a compensatory award for lost earnings and benefits. For dismissals up to 31 December 2026 the compensatory award is capped at the lower of a year's gross pay or £123,543; the cap is removed for dismissals from 1 January 2027. If you resigned without notice because of the breach, you can also claim notice pay as wrongful dismissal. Where discrimination is involved, compensation is uncapped and includes injury to feelings. See unfair dismissal for how awards are worked out.

How we help

We tell you, before you resign, whether you have a breach strong enough to rely on and how to protect the claim. We draft your grievance and your resignation letter, deal with Acas, often negotiate a settlement agreement instead of a claim, and if needed run the case to a hearing with tribunal representation.

What it costs

The first consultation is £80 for half an hour or £200 for an hour, by phone, video or at our office. We then give you a written estimate before each stage. Typical costs for employment claims are on our fees page.

Questions people ask

Should I resign before speaking to a solicitor?

No. Many constructive dismissal claims are lost because the employee resigned too soon, too late or for the wrong stated reason. A short call first protects the claim.

Do I have to raise a grievance first?

It is not a legal requirement, but it usually helps, and not raising one can cut your compensation by up to 25%. If the grievance would be against the person who would hear it, or you have been threatened, tell us and we will advise.

Can I resign and claim if I have another job lined up?

Yes. The new job reduces your loss of earnings, but it does not stop the claim. What matters is that you left because of the breach.

How long can I wait before resigning?

There is no fixed period, but delay is risky. If you carry on as normal for a long time, a tribunal may decide you accepted the treatment. If you need time to find work, put your objection in writing.

Is constructive dismissal hard to prove?

It is harder than an ordinary dismissal claim because you must prove the breach. Good records and early advice make the difference.

Ask a question

Not sure where you stand? Ask a solicitor and we will reply by phone or email, or send an enquiry for a free initial assessment. Call 0161 222 5860, Monday to Friday, 9.30am to 5.30pm.