What is Constructive Dismissal?

Constructive Dismissal definition

A type of employee dismissal when an employee feels like they have been forced to leave their job because their employer’s behaviour has put them in an untenable position.

The legal basis for constructive dismissal focuses around a serious breach of contractual obligations, for example if the employer makes significant changes to the worker’s arrangements e.g. severe demotion or suddenly making them work 18 hour days. There might be one individual breach or many over time.

Proving constructive dismissal can be difficult – employees often leave when the working environment is negative, but before an actual breach has taken place, or a long-time after the breach has taken place which can give a tribunal reason to think the personal effects of the breach were not that severe.