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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.


    • Bullying and harassment
    • Constructive dismissal
    • Disability

    Black security manager awarded £360k after decade of bullying

    by Rob Moss 20 May 2025
    by Rob Moss 20 May 2025

    Manager who left job after being 'victim of continuous bullying and racism' – including being called a ‘slave’ – awarded £360,700 at tribunal.

    • Reasonable adjustments
    • Constructive dismissal
    • NHS

    NHS worker awarded £29k after Darth Vader comparison

    by Rob Moss 8 May 2025
    by Rob Moss 8 May 2025

    NHS worker awarded £29,000 by employment tribunal after being assigned Darth Vader personality type in Star Wars-themed Myers-Briggs exercise.

    • Case law
    • Constructive dismissal
    • Employment law

    Two cautionary tales: how to avoid constructive dismissal cases

    by Nick Hurley and Erin Hughes 1 Apr 2025
    by Nick Hurley and Erin Hughes 1 Apr 2025

    Constructive dismissal, an often talked about but misunderstood area of employment law, continues to challenge HR professionals and business leaders alike.

    • Civil Service
    • Constructive dismissal
    • Bullying and harassment

    DSTL scientist constructively dismissed for gender-critical views

    by Rob Moss 24 Mar 2025
    by Rob Moss 24 Mar 2025

    Former government scientist wins tribunal claim for constructive dismissal after facing ‘clear hostile animus’ for gender-critical views.

    • Age discrimination
    • Constructive dismissal
    • Latest News

    Estate agent constructively dismissed after desk move ‘demotion’

    by Rob Moss 11 Mar 2025
    by Rob Moss 11 Mar 2025

    An estate agent who felt demoted after he transferred to another branch where his desk would be in the middle...

    • Constructive dismissal
    • NHS
    • Latest News

    Nurse left out of tea round wins constructive dismissal claim

    by Jo Faragher 28 Feb 2025
    by Jo Faragher 28 Feb 2025

    A nurse who was deliberately left out of a tea round and was consistently ignored by a colleague has won £41,000 for constructive dismissal.

    • Constructive dismissal
    • Maternity
    • Latest News

    Up to 74,000 women forced out of work due to pregnancy and maternity

    by Jo Faragher 27 Feb 2025
    by Jo Faragher 27 Feb 2025

    The number of women forced out of work for getting pregnant or taking maternity leave has gone up by 37% since 2016.

    • Age discrimination
    • Acas
    • Constructive dismissal

    Menopause-related tribunal claims treble in two years

    by Kavitha Sivasubramaniam 25 Feb 2025
    by Kavitha Sivasubramaniam 25 Feb 2025

    The number of menopause-related employment tribunal claims more than trebles in two years, new analysis reveals.

    • NHS
    • Constructive dismissal
    • Latest News

    Countess of Chester NHS chair resigns after damning tribunal findings

    by Jo Faragher 17 Feb 2025
    by Jo Faragher 17 Feb 2025

    The chairman of the Countess of Chester hospital has resigned after a tribunal found that he and others had ‘conspired’ to oust the trust’s chief executive, Dr Susan Gilby.

    • Constructive dismissal
    • Latest News
    • Employment tribunals

    ‘Siren’ who asked colleague to do her work loses dismissal claim

    by Jo Faragher 9 Dec 2024
    by Jo Faragher 9 Dec 2024

    A woman who sent tasks to a colleague before submitting his work as her own has lost her case for constructive dismissal.

    • Constructive dismissal
    • Bullying and harassment
    • Employment law

    The 10 strangest employment tribunal cases of 2024

    by Adam McCulloch 6 Dec 2024
    by Adam McCulloch 6 Dec 2024

    From seemingly throwaway remarks to out-of-the-blue dismissals, here are 10 of the more bizarre and unusual employment tribunal cases from 2024.

    • Case law
    • Constructive dismissal
    • Belief discrimination

    Rape crisis worker dismissed over gender-critical views awarded £69k

    by Kavitha Sivasubramaniam 7 Nov 2024
    by Kavitha Sivasubramaniam 7 Nov 2024

    Roz Adams, the counsellor who lost her job at Edinburgh Rape Crisis Centre, awarded £69,000 – nearly double the amount anticipated.

    • Constructive dismissal
    • Disability discrimination
    • Latest News

    Police sergeant awarded £1.1m after ban on ‘side hustle’

    by Jo Faragher 2 Oct 2024
    by Jo Faragher 2 Oct 2024

    A police sergeant has been awarded £1.1 million by the employment tribunal for constructive dismissal and disability discrimination after she...

    • Constructive dismissal
    • Latest News
    • Employment tribunals

    Tribunal claim over ‘dubious’ birthday leave fails

    by Rob Moss 27 Sep 2024
    by Rob Moss 27 Sep 2024

    Solicitor who described policy to award hard-working staff their birthday off as ‘dubious’ loses claim for constructive dismissal.

    • Sexual harassment
    • Constructive dismissal
    • Bullying and harassment

    Firefighter to receive more than £55k in harassment and discrimination case

    by Jo Faragher 26 Sep 2024
    by Jo Faragher 26 Sep 2024

    A female firefighter who suffered sexual harassment has successfully sued Avon Fire and Rescue Service for sex discrimination and unfair dismissal.

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