Constructive dismissal

What it means

Constructive dismissal is when you resign because your employer has seriously broken your contract, so that the law treats it as if you were dismissed. Examples can include cutting your pay without agreement, or a serious breach of the trust and confidence between you.

Sometimes a series of incidents adds up to a serious breach, with a final incident as the "last straw".

Why it is a big decision

• It can be hard to prove. You lose your job and income first.
• If you wait too long after the breach, you may be treated as having accepted it.
• To claim unfair dismissal you normally need two years’ service if your employment ends before 1 January 2027, and six months if it ends on or after that date. Some reasons, such as whistleblowing, need no service.

If you do resign

• Say in writing that you are resigning because of your employer’s conduct, and what that conduct was.
• Your time limit runs from your last day of employment. Work it out straight away.

Read next

• Raising a grievance
• ACAS early conciliation