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Common issues

Fundamental Breach of Contract

The prerequisite for constructive dismissal.

Last updated 21 February 2026

Overview

To claim constructive dismissal, you must show that the employer committed a fundamental ('repudiatory') breach of your employment contract.

This could be an express term (like reducing pay) or an implied term (like trust and confidence).

What you can do

  • Document exactly what the employer did and when.
  • Identify how this action seriously damaged the employment relationship.

Next steps

Keep your facts organised and protect your time limits with the tools below.

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Sources