Please note: your claim must be made within 3 months of your effective date of termination

If your employer breaches your contract of employment or threatens to do so then you may resign and claim constructive dismissal.

It is however important that you bear in mind the following aspects:

Your employer's conduct must amount to a fundamental breach of contract

This breach of contract must be important enough to justify your resignation or the be the last in a series of important incidents

You must leave your employment in response to this breach of contract

You must act quickly in resigning following this breach of contract or you may be deemed to have waived the breach and varied the contract

 

The legal aspects related to Constructive Dismissal may be complex and difficult. We advise that you contact us immediately to discuss the best way forward before resigning or taking the matter further. If you have already resigned then we will advise you on any further action to be taken

You should always lodge a grievance with your employer in the first instance and accept their offer of an appeal before bringing your claim. Failure to do so may result in any compensation awarded being reduced by up to 25%. Alternatively if your employer fails to hear your grievance or offer the right of appeal, the compensation awarded may be increased by up to 25%.

Remedies

Constructive dismissal may give rise to either an unfair dismissal claim or a wrongful dismissal claim, for which remedies for these claims are noted under the appropriate pages.