If an employee resigns due to their employer’s conduct, they may be entitled to bring a claim for constructive dismissal.
Constructive dismissal—formally known as constructive unfair dismissal—occurs when an employee resigns because of a serious breach of their employment contract. This could include:
• Unlawful discrimination or harassment
• Unilateral changes to pay, hours, or location
• Unreasonable demands or working conditions
• A pattern of behaviour that undermines trust and confidence
The breach must be fundamental and typically leads to the employee resigning without delay. If they have been employed for at least two years, they may be eligible to bring a claim before an employment tribunal.
Our employment law team provides clear, commercially focused advice to help you manage claims and protect your business. We will:
• Assess the strength of the claim
• Advise on your legal position and options
• Negotiate a resolution where appropriate
• Represent you in tribunal proceedings if necessary
We understand how disruptive and reputationally damaging these claims can be. Our goal is always to resolve matters swiftly and constructively—allowing you to move forward with confidence.
The best defence is prevention. We work with employers to put in place:
• Well-drafted employment contracts
• Clear grievance procedures
• Up-to-date staff handbooks and HR policies
These documents help ensure that employees have a clear route to raise concerns—reducing the likelihood of resignation and legal action.
In some cases, a negotiated settlement may be the most practical solution. We can advise you on:
• Drafting a legally sound settlement agreement
• Ensuring confidentiality and a clean break
• Minimising the risk of future claims
Settlement agreements can offer a cost-effective and discreet way to resolve disputes—protecting your business and allowing both parties to move on.
• Practical, commercially focused advice for employers
• Strong negotiators and experienced tribunal advocates
• Proactive support to prevent and manage disputes
• Recognised in the Legal 500 and awarded the Law Society Mark of Excellence
Our specialist commercial lawyers offer a one-stop-shop for legal advice for all types of business – from start-ups to established companies.
All of our lawyers are specialists in their area of law. Book in for an initial discussion where we will discuss all of your options with you.
