Constructive Dismissal
Where an employer commits a fundamental breach of the employment contract (e.g., unilaterally reducing pay, bullying, changing job role without consent), entitling the employee to resign and claim unfair dismissal. The employee must resign in response to the breach.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Acas guidance confirms the legal mechanics behind the everyday term: an employee can make a constructive dismissal claim if they resign because they think their employer has seriously breached their employment contract, and the legal term for the claim is 'constructive unfair dismissal'. Examples given include regularly not being paid the agreed amount without a good reason, being bullied or discriminated against, and making unreasonable changes to working patterns or place of work without agreement.
The guidance is candid that this is a hard claim to win and comes with strict conditions: resigning is a big step, and a constructive dismissal claim can be difficult to win at an employment tribunal, so anyone in that situation should get legal advice before resigning. If a settlement agreement has already been signed, that route is closed off entirely — you cannot make a constructive dismissal claim to an employment tribunal — and any claim that is available must generally be brought within a strict time limit of 3 months minus 1 day from the end of the notice period or the date of resignation.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.