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.


Age Concern exec undermined by trustees wins £26k in compensation

A former charity CEO has won more than £26,000 in compensation after being constructively dismissed from her role.
Gillian Smith...

Security guard called ‘honey’ by manager wins £10k in sex discrimination case

24 Sep 2020

The worker was repeatedly called ‘honey’ by her manager, had her hours reduced and was denied the ability to take paid holiday.

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Gender-fluid and non-binary workers protected under Equality Act

17 Sep 2020

Protections under the Equality Act for those going through gender reassignment extends to those who identify as gender-fluid or non-binary,...

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‘Old boys’ network’: Sales exec wins sexism case against tech firm Splunk

12 Aug 2020

A sales executive who earned more than £700,000 per year has won her claim for sex discrimination at an employment...

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Lecturer called ‘mad as a box of frogs’ wins constructive dismissal claim

30 Jun 2020

A former university lecturer has successfully brought a constructive unfair dismissal claim at an employment tribunal after the education establishment...

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Investigations and Covid-19: employers need a pandemic-proof toolkit

27 May 2020

Employers are turning their attention to a host of novel HR issues coming over the horizon.

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‘Businesses must be vigilant on employee stress as lockdown eases’

7 May 2020

Companies should not impose the same targets and expectations as they did before lockdown, warns a leading employment lawyer.

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Boots employee banned from taking breaks wins £7k at employment tribunal

27 Apr 2020

Long-term employee with a spinal condition was banned from taking a break and told to learn what 'professionalism' meant.

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Highways England driver harassed before job began wins £74k

14 Jan 2020

An ex-Highways England driver has been awarded almost £74,000 in compensation by an employment tribunal after she was harassed by...

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Goldman Sachs settles disability claim with former analyst

8 Jan 2020

Investment bank Goldman Sachs has settled a discrimination claim with a former analyst who said the company failed to make...

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Top 10 HR questions November 2019: IR35, Christmas parties and PILON

3 Dec 2019

Pending a review announced by chancellor Sajid Javid, reforms to the IR35 rules are due to be extended to the...

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Lakenheath air base

Employment tribunals have no jurisdiction over US bases in UK

7 Nov 2019

An employment tribunal has accepted that the US government can’t be investigated for breaches of UK employment law in facilities...

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tesco unfair dismissal

Tesco worker ‘left in the dark’ about role was unfairly dismissed

5 Aug 2019

A former Tesco employee who was left in the dark about changes to her role and suspended for not accepting them was constructively and unfairly dismissed.

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Could your office temperature land you in legal hot water?

25 Jul 2019

With the heat set to rise into the high thirties this week, could there be legal issues as employers aim...

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School loses appeal in gay headteacher constructive dismissal decision

25 Mar 2019

A school in Wales has had its appeal dismissed in a case where a gay headteacher claimed for constructive dismissal....

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