Constructive dismissal

Undue delay can be fatal

Constructive unfair dismissal is a roundabout way of saying to an employer:

“You have fundamentally breached our contractual agreement and left me with no option other than to resign’”

It’s a strange concept but it is the employer who is held to have dismissed the employee - constructively. It’s an often used term and surprisingly quite a common claim. Even more surprising is the number of claims which fail. Why?

It’s all down to contract law. In an employment context the employee agrees with the employer to provide his/her services in exchange for particular benefits and rights. The most obvious is pay, but there are others, such as holidays, the times the employee works, the location of their work, the right to time off for things like attending union meetings, the training they receive etc.

We call these fundamental terms or ‘really important terms’. They are at the ‘root’ the contract - they underpin the employment relationship.