Constructive dismissal is when an employee resigns due to an employer’s serious breach of the employment contract. 

English Statute defines constructive dismissal, as follows:-

“The employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct.”  [Employment Rights Act 1996 s95 (1)]

A more practical definition of constructive dismissal can be found in constructive dismissal law and by way of examples and case studies.

We strongly advise that if you are considering a constructive dismissal claim you should seek the advice of an employment solicitor, as a matter of urgency.  Constructive dismissal is a specialised area of law and it is vital that you have to advice of an expert prior to making a decision as to whether you should resign.  However, at the same time you should try to avoid any delay and resign due to a fundamental breach.  Please see Constructive Dismissal law and Grounds for constructive dismissal.