Constructive dismissal

A “constructive dismissal” occurs where an employee resigns in response to his or her employer's breach of contract. This is deemed to be a dismissal, even though the employee has resigned and not been directly dismissed by the employer.

For example, where an employee is forced to resign because the employer has unilaterally reduced pay or in response to bullying, the employee might claim to have been constructively dismissed. An employee who considers that he or she has been constructively dismissed could bring a claim for unfair dismissal in the employment tribunal against the employer.


Speculation has been rife that Brexit will lead major financial institutions based in London to relocate to mainland Europe. Rob Powell/LNP/REX/Shutterstock.

Brexit: what’s the legal position if employees must relocate?

Suggestions that high-profile businesses such as banks will leave the UK because of Brexit highlight the employment law issues employers...

Dinendra Haria/REX/Shutterstock.

Varying contracts of employment: what are the risks for employers?

10 Nov 2016

Labour MP Siobhain McDonagh has suggested that thousands of M&S staff could lose their jobs in the run up to...

Continue Reading Comments { 0 }
Monkey Business s/REX/Shutterstock.

Workplace protected conversations shield cannot be waived

12 Sep 2016

In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) confirmed the privilege that applies to protected conversations cannot...

Continue Reading Comments { 0 }
Never suspend an employee like this.

When should you suspend an employee during a disciplinary investigation?

11 Aug 2016

Suspending an employee suspected of misconduct can have a serious impact on their reputation, so it shouldn’t be automatic in...

Continue Reading Comments { 0 }
A microscopic image of the Zika virus. CDC/Phanie/REX/Shutterstock

Zika and employees – an unfortunate Olympic challenge

5 Aug 2016

Ed Stacey examines whether employees can be forced to work in Brazil in light of the Zika virus

Continue Reading Comments { 0 }
Chris Dorney / Shutterstock

Gibbs v Leeds United: £330k for football club’s breach of contract

26 Jul 2016

The High Court held that the presence of commercial exit discussions between a football club and an assistant manager during...

Continue Reading Comments { 0 }
Eva Carneiro arrives at Croydon Employment Tribunal earlier today. Photo: Beretta/Sims/REX/Shutterstock

Chelsea FC doctor Eva Carneiro settles constructive dismissal claim

7 Jun 2016

Former Chelsea FC team doctor Eva Carneiro has settled her employment tribunal claim against the club and Jose Mourinho for...

Continue Reading Comments { 0 }
sexual-harassment-tribunal

Sexual harassment: tribunal awards £830k to NHS HR director

22 Feb 2016

An employment tribunal has awarded more than £830,000 to an NHS HR director who was constructively dismissed and harassed after...

Continue Reading
expensive-employment-tribunals

Expensive employment tribunal awards: six-figure sums in 2015

6 Jan 2016

While employment tribunal fees have drastically reduced the number of cases and typical awards for claimants are generally four-figure sums,...

Continue Reading Comments { 0 }
Demotion: Chelsea FC's doctor Eva Carneiro's role has left the club. BPI/REX

Chelsea FC doctor files tribunal claim: Top 10 dangers of demotion for employers

30 Oct 2015

Eva Carneiro is bringing an employment tribunal claim against Chelsea FC...

Continue Reading
sexual-harassment-nhs

NHS trust’s former HR director wins tribunal claim over chairman’s sexual advances

3 Aug 2015

An HR director in the NHS was constructively dismissed...

Continue Reading
It's not cricket, it's a free Q&A webinar on the employment law surrounding dismissals. Photo: Mitch Gunn / Shutterstock

Live Q&A webinar: Managing dismissals

23 Jun 2015

ON-DEMAND | When it comes to dismissing an employee, even the most experienced HR professional can struggle. Unfair dismissal law remains extremely complex and getting it wrong can be expensive.

Continue Reading
high-risk-environments

Keeping employees safe in high-risk environments

18 Jun 2015

The ongoing threat of Ebola and terrorist attacks on journalists in the Middle East bring into focus the issues employers...

Continue Reading
Eleven former BT workers received undisclosed amounts from BT following a "bungled" redundancy exercise. Photo: Kevin Foy/REX

Tribunal watch: Flawed redundancy consultation with BT staff

5 May 2015

An employment tribunal has awarded compensation to the former employees of a BT subsidiary for the failure to carry out...

Continue Reading
Svetlana Lokhova arrives at the tribunal hearing in 2013. Photo: Mark Richards / Daily Mail / REX

Tribunal watch: £3.1m for banker falsely labelled “Ms Cokehead”

13 Apr 2015

An employment tribunal award of £3.1 million has been given to a former banker who was forced out of her...

Continue Reading