⏱ Time limit: 3 months less one day from your last day of employment
Contact ACAS before this deadline — the clock pauses during early conciliation.
Constructive dismissal UK: step-by-step guide
Being forced out of your job by your employer's conduct? This guide walks you through every step — from documenting the breach to filing an Employment Tribunal claim.
Document the fundamental breach
OngoingStart immediately
Keep a detailed written record of every incident that forms the basis of your constructive dismissal claim — dates, times, witnesses, what was said or done, and any written evidence (emails, letters, WhatsApp messages). You need to demonstrate that your employer fundamentally breached the implied term of mutual trust and confidence, or another express contractual term. Common examples: unlawful pay cuts, bullying, demotion without justification, or failure to address your grievances.
Raise a formal grievance
Within 1–2 weeks of the breachStrongly recommended before resigning
Before resigning, raise a formal written grievance with your employer setting out the conduct you are complaining about and why you consider it a fundamental breach of contract. This is important for two reasons: (1) it gives your employer an opportunity to remedy the breach (if they do, the constructive dismissal may not stand), and (2) if you resign without raising a grievance, a Tribunal may reduce any compensation by 25% for failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.
Resign promptly — and in writing
Once grievance process is exhaustedDo not delay too long
If your employer fails to resolve the breach, resign in writing — clearly stating that you are resigning because of the fundamental breach and that you regard yourself as constructively dismissed. Delay matters: if you continue working for too long after the breach without protest, a Tribunal may find that you 'affirmed' the new terms (i.e., accepted them). There is no fixed rule on how long is too long, but weeks rather than months is the usual guidance. Give your notice or state you are treating yourself as dismissed — whichever fits your letter.
Contact ACAS for early conciliation
As soon as possible after resignationMandatory before tribunal
Before you can file an Employment Tribunal claim, you must contact ACAS and go through the early conciliation (EC) process. This is free and mandatory. ACAS will contact both sides and attempt to facilitate settlement. The time limit for your tribunal claim is paused while EC is active. Contact ACAS immediately after resigning — the 3-month clock runs from your last day of employment. EC typically takes up to 6 weeks.
File your ET1 claim at the Employment Tribunal
Within 3 months less 1 day of resignation (minus EC pause)Hard deadline — no extensions without exceptional reason
Once ACAS issues your EC certificate (used if conciliation fails), submit your ET1 form online at gov.uk. Your claim should set out: the fundamental breach, when it occurred, when you resigned, and the losses you have suffered. Compensation for constructive dismissal is typically a basic award (same formula as statutory redundancy pay) plus a compensatory award (capped at the lower of 52 weeks' pay or £115,115 for 2026/27). If the breach also involves discrimination, there is no cap on compensation.
Constructive dismissal checklist
Frequently asked questions
Do I need 2 years' service to claim constructive dismissal?
Yes — in most cases you need 2 years of continuous employment. The exception is if the fundamental breach also involves a protected characteristic (such as sex, race, disability, pregnancy) or whistleblowing, in which case you have day-one rights and no qualifying period is required.
What compensation can I get for constructive dismissal?
You can receive a basic award (same as statutory redundancy pay: up to £22,530) and a compensatory award for financial losses (capped at the lower of 52 weeks' pay or £115,115 in 2026/27). Both can be reduced if you failed to mitigate your losses or failed to follow the ACAS Code. If discrimination is also involved, there is no cap.
Can I resign with immediate effect?
Yes — if the breach is serious enough, you can treat yourself as dismissed with immediate effect and leave without working your notice period. You should make this clear in your resignation letter. Resigning with immediate effect means you do not need to repay any PILON, but it also means you lose your notice pay (unless you had been constructively dismissed).
What if my employer denies there was a breach?
This is very common. The employer will argue that their conduct was reasonable or that no breach occurred. This is why documentation is so important — a Tribunal will assess the evidence from both sides. Having a grievance trail, emails, and witness evidence significantly strengthens your position. Getting legal advice early is strongly recommended.
Does constructive dismissal show on my employment record?
No — there is no official 'record' of employment tribunal outcomes that future employers can access. You can legitimately describe your departure as resignation (which it was, technically). Many settlement agreements include an agreed reference wording, which can help protect your future employment prospects.