What is constructive dismissal in the UK?

Constructive dismissal occurs when your employer fundamentally breaches your employment contract — making your working conditions so intolerable that you have no reasonable choice but to resign. Despite the fact that you resigned, the law treats this as a dismissal because you were essentially forced out. The legal basis is the implied contractual term of mutual trust and confidence, which your employer must not destroy.

Classic examples of employer conduct that can amount to constructive dismissal include: unilateral cuts to pay or hours without agreement; bullying, harassment, or discriminatory treatment; demoting you without cause; systematically undermining your authority; forcing you to work in unsafe conditions; or failing to deal with a formal grievance about serious mistreatment. A single very serious breach or a cumulative pattern of behaviour can both qualify.

To bring a constructive dismissal claim at the Employment Tribunal, you need 2 years' continuous employment (unless the breach also involves discrimination or whistleblowing, where day-one rights apply). You must also resign promptly after the breach — if you continue working without protest, you may be taken to have accepted the new terms. The claim must be brought within 3 months of the last act (minus one day), after ACAS early conciliation.