Claim types
Constructive dismissal
What counts as a fundamental breach and how resigning can still lead to a claim.
Last updated 8 February 2026
Overview
Constructive dismissal happens when an employer commits a serious breach and you resign in response.
The timing of your resignation and the evidence you keep are critical.
What you must show
- A fundamental breach of contract by the employer.
- You resigned because of that breach.
- You did not delay so long that you accepted the breach.
Examples of fundamental breaches
- Non payment or late payment of wages
- Serious bullying or harassment
- Unsafe working conditions
- Unilateral changes to pay, role, or hours
Handling your resignation
- 01
Record the breach
Put key events and dates in writing.
- 02
Raise a grievance
If safe, give the employer a chance to fix the issue.
- 03
Resign in writing
State the breach and that it caused your resignation.
- 04
Keep evidence
Save emails, notes, and any responses.
Common questions
Do I need two years service?
Usually yes for unfair dismissal, unless the reason is automatically unfair.
Should I work my notice?
It depends. Working notice can weaken the argument that the breach was fundamental.
Is a grievance required?
Not always, but it can help show you tried to resolve the issue.
Next steps
Keep your facts organised and protect your time limits with the tools below.
Start case check