What is constructive dismissal?

Constructive dismissal is when your employer doesn't fire you—you resign—but they've made your working conditions so bad that you had no real choice. The law treats this as dismissal because your employer forced you out.

This protects you from employers who use horrible conditions as a way to avoid formal dismissal procedures. If they make work unbearable, you can leave and still claim unfair dismissal.

Your employer must breach the fundamental terms of your contract. This means a serious, deliberate breach that shows they don't intend to be bound by the contract—not just being difficult or unpleasant.

• Refusing to pay you or substantial pay cuts without agreement
• Removing your main duties or demoting you without agreement
• Harassment, bullying, or discriminatory behaviour that your employer won't stop
• Forcing you to work in unsafe conditions after raising concerns
• Fundamentally changing your working hours or location
• Preventing you from doing your job (removing tools, access, or support)

You cannot accept the breach, continue working for months, then claim constructive dismissal. You must resign within a reasonable time of the breach. Staying on shows you've accepted the new conditions.

What's "reasonable" depends on circumstances, but generally weeks not months. If you stay on for months, you're accepting the situation and lose your right to claim.

Resign in writing. Make clear you're resigning due to your employer's breach. State what the breach was specifically.

Contact ACAS. Within 3 months minus 1 day of your resignation, call ACAS on 0300 123 1100 to start early conciliation.

Document the breach. Gather evidence: emails, messages, dates, witnesses, details of how the breach affected you.

2 years service still applies. You need 2 years employment (changing to 6 months in January 2027) unless the breach was also discrimination, whistleblowing, or another protected reason (in which case, no service requirement).