Constructive Dismissal Checker UK

Constructive dismissal is when an employee resigns because their employer has seriously breached their employment contract, making it impossible for them to continue working. You effectively treat yourself as dismissed because of your employer's conduct. To succeed at an employment tribunal, you must show there was a fundamental breach, you resigned in response to it, and you did not delay unreasonably before resigning.

Yes. Constructive dismissal requires you to resign your position. You cannot claim constructive dismissal while still employed. Once you resign, you must bring your ACAS Early Conciliation notification within 3 months minus 1 day of your resignation date. Use our Employment Tribunal Deadline Calculator to find your exact deadline.

A fundamental breach is one that goes to the heart of your employment contract (as defined by the courts under the Employment Rights Act 1996 and common law). Examples include: a significant unauthorised pay reduction, a demotion without consent, being subjected to bullying or harassment that the employer ignores, being required to work in a completely different role without agreement, or a pattern of behaviour that cumulatively destroys trust and confidence between employer and employee.

Timing matters significantly. If you wait too long after the breach before resigning, a tribunal may conclude that you accepted ("affirmed") the breach, which would defeat your claim. There is no fixed time limit but waiting more than a few months after the main incident without resigning or raising a grievance can seriously weaken your case.

It is strongly advisable to raise a formal grievance before resigning if circumstances allow. While not legally required, failing to use your employer's grievance procedure can reduce your compensation by up to 25% under the ACAS Code of Practice on Discipline and Grievance. Raising a grievance also shows you tried to resolve the situation, which improves your credibility before a tribunal.