Constructive Dismissal Examples: When You're Forced to Resign
Constructive Dismissal Examples: When You're Forced to Resign
This article applies to England, Wales and Scotland.
In brief: Constructive dismissal occurs when your employer's conduct is so serious that you feel forced to resign. Common examples include unpaid wages, demotion without consent, unaddressed bullying, unsafe working conditions, and unilateral changes to your contract. You generally need 2 years' service to claim (reducing to 6 months from January 2027), must resign in response to the breach, and must act within 3 months minus 1 day.
Last updated: February 2026
If your working situation has become unbearable, you might be wondering whether what you're experiencing amounts to constructive dismissal. Many people know the term but aren't sure what actually qualifies. The short answer: it depends on whether your employer has committed a serious breach of your employment contract — serious enough to justify you treating the contract as over.
This guide sets out the most common examples of constructive dismissal, explains the legal test, and covers the "last straw" principle that catches many people off guard.
The Legal Test
Before looking at examples, it helps to understand what a tribunal will actually assess. Under section 95(1)(c) of the Employment Rights Act 1996, constructive dismissal occurs when:
- Your employer commits a fundamental breach of your employment contract (express or implied terms)
- You resign in response to that breach (not for some other reason)
- You have not accepted or affirmed the breach by staying on too long without objecting
The breach must go to the root of the contract. Feeling unhappy, stressed, or badly managed is not enough on its own. There needs to be a serious breach of either a specific contractual term or the implied duty of mutual trust and confidence — the obligation on your employer not to act in a way that destroys the working relationship.
Read our full constructive dismissal guide for more detail on eligibility and the claims process.
Examples of Constructive Dismissal
The following scenarios are commonly seen in employment tribunal claims. Each involves behaviour that tribunals have recognised as capable of amounting to a fundamental breach of contract.
1. Unpaid or Reduced Wages
Your employer cuts your pay without your agreement, stops paying you altogether, or repeatedly pays late. Your pay is an express contractual term — changing it unilaterally is a clear breach.
This overlaps with an unlawful deduction from wages claim, which can be brought alongside constructive dismissal if you resign as a result. For more on this, see our guide on breach of contract at work.
2. Demotion Without Agreement
Your employer significantly reduces your responsibilities, removes your job title, or moves you to a lesser role without any contractual right to do so and without your consent. This undermines the terms you originally agreed to.
A subtle version of this — gradually stripping duties while technically keeping your title — can also qualify if the cumulative effect is serious enough.
3. Failure to Address Bullying or Harassment
You raise complaints about bullying, harassment, or discriminatory behaviour and your employer either ignores them, carries out a token investigation, or takes no meaningful action. The failure to protect you can breach the implied duty of trust and confidence.
This is one of the most common routes into a constructive dismissal claim. Where the bullying relates to a protected characteristic under the Equality Act 2010, you may also have a discrimination claim — which carries no qualifying service period and no compensation cap.
4. Changing Your Hours, Location, or Role Without Consent
Your employer imposes significant changes to your working pattern, relocates you to a different site, or fundamentally changes your duties — without a contractual right to do so and without genuine consultation or agreement.
Minor or reasonable adjustments typically won't qualify. But a unilateral decision to move you from day shifts to nights, or from London to Manchester, could amount to a repudiatory breach if your contract doesn't permit it. See our guide on whether your employer can change your contract.
5. Unsafe Working Conditions
Your employer persistently fails to address serious health and safety risks despite being made aware of them. This could include broken equipment, inadequate safety procedures, or exposure to harmful substances without proper protection.
If you resign because of a genuine safety risk, this may also be automatically unfair dismissal — meaning no qualifying service period is required.
6. Excessive or Unreasonable Workload
Your employer piles on work far beyond what your contract or role reasonably requires, refuses requests for support, and ignores signs that you're struggling. When this is sustained over time and causes harm to your health, it can breach the duty of trust and confidence.
A single busy period is unlikely to qualify. But months of unsustainable pressure, ignored requests for help, and a refusal to adjust your workload could, especially if you're signed off sick as a result.
7. Undermining You in Front of Colleagues
A manager repeatedly criticises you publicly, humiliates you in meetings, or undermines your authority if you manage others. When this behaviour is persistent and unjustified, it may breach the implied duty of trust and confidence.
8. False Accusations
Your employer makes serious, unfounded allegations against you — particularly if they refuse to investigate properly or use the allegations as a pretext for disciplinary action. Being falsely accused of theft, fraud, or misconduct without evidence can fundamentally damage trust.
9. Failing to Follow the Grievance Process
You raise a formal grievance about a legitimate concern and your employer either ignores it entirely, fails to investigate, or carries out a process so flawed that it amounts to a whitewash. The failure to take your complaint seriously can itself breach the duty of trust and confidence.
If your employer fails to follow the ACAS Code of Practice when handling your grievance, a tribunal can increase your compensation by up to 25%.
10. Discrimination-Related Treatment
Any conduct that amounts to unlawful discrimination — whether direct discrimination, harassment, or victimisation — can form the basis of a constructive dismissal if it's serious enough. This includes being passed over for promotion because of your race, being subjected to offensive comments about your disability, or being penalised for raising a discrimination complaint.
Discrimination-related constructive dismissal claims do not require 2 years' service and compensation is uncapped.
The "Last Straw" Principle
You don't always need one dramatic incident. Many constructive dismissal claims succeed on the basis of a series of acts that, taken together, amount to a fundamental breach. The final incident — even if relatively minor on its own — can be the "last straw" that entitles you to resign.
The last straw must contribute to the breach, even if only slightly. A completely unrelated or trivial event won't qualify. But a sarcastic comment from a manager, after months of undermining behaviour, ignored grievances, and broken promises, could be enough.
Timing matters. If you wait too long after the last straw without resigning, a tribunal may find you accepted the breach and affirmed the contract — losing your right to claim.
What Doesn't Usually Qualify
Constructive dismissal is a high threshold. The following situations are frustrating but typically don't meet the legal test on their own:
- Personality clashes or disagreements with your manager
- Being given feedback you disagree with
- A single bad day or isolated incident that your employer addresses
- Reasonable management decisions you don't like (restructuring, changing a process)
- Feeling undervalued or overlooked (unless linked to something more serious)
- Your employer exercising a contractual right (such as a relocation clause in your contract)
What To Do If You Think You Have a Case
Resigning is a significant step. Constructive dismissal claims are difficult to win at tribunal — you carry the burden of proving the breach. Before you resign:
- Raise a grievance first. This creates a formal record and gives your employer a chance to address the issue. It also shows a tribunal you tried to resolve things internally.
- Document everything. Keep records of incidents, dates, emails, and any witnesses. Contemporaneous notes carry real weight at tribunal.
- Get advice before resigning. Once you resign, you can't undo it. Speak to a solicitor, your trade union, or Citizens Advice about the strength of your case.
- Don't delay. If you stay too long after the breach without objecting, a tribunal may find you accepted the situation.
The time limit for bringing a constructive dismissal claim is 3 months minus 1 day from the date you resigned (or the last day of any notice period you worked). You must contact ACAS for early conciliation within this deadline. From October 2026, this is expected to extend to 6 months.
You currently need 2 years' continuous service for an ordinary constructive unfair dismissal claim. From January 2027, this reduces to 6 months under the Employment Rights Act 2025. No qualifying period applies where the reason is automatically unfair or discriminatory.
Important: This guide provides information about UK employment law. It is not legal advice. Every situation is different. If you're considering resigning due to your employer's conduct, speak to a solicitor before making that decision.
Frequently Asked Questions
How hard is it to win a constructive dismissal claim?
Constructive dismissal claims are among the most challenging types of tribunal claim. You must prove that your employer committed a fundamental breach, that you resigned because of it, and that you didn't wait too long. Preparing a strong evidence trail — grievances, emails, contemporaneous notes — significantly improves your chances.
Can I claim constructive dismissal if I resigned during probation?
If you have fewer than 2 years' service (6 months from January 2027), you can only claim constructive unfair dismissal if the reason is automatically unfair (such as discrimination, whistleblowing, or health and safety). Otherwise, you may still have a wrongful dismissal claim for breach of contract, which has no qualifying period.
Do I need to work my notice period?
If the breach is serious enough to justify treating the contract as over, you may resign with immediate effect. But this is a judgment call — get legal advice. If a tribunal later finds there was no fundamental breach, resigning without notice could weaken your position.
What compensation could I receive?
Compensation for constructive unfair dismissal includes a basic award (based on age, service, and weekly pay, capped at £21,570) and a compensatory award (up to £118,223 or 52 weeks' pay, whichever is lower). If your claim involves discrimination or whistleblowing, compensation is uncapped. From 2027, the compensatory cap is expected to be removed entirely for all unfair dismissal claims.
What if my employer offers a settlement agreement?
Some employers offer a settlement agreement when they recognise the situation has broken down. This typically involves a financial payment in exchange for you waiving tribunal claims. You must receive independent legal advice before signing. Whether to accept depends on the strength of your case and the terms offered.
Is constructive dismissal the same as unfair dismissal?
Constructive dismissal is a type of unfair dismissal. The difference is that in standard unfair dismissal, your employer fires you. In constructive dismissal, you resign — but the law treats it as a dismissal because your employer's conduct forced you out. The legal test is different: you must prove the breach, rather than your employer having to justify their decision.
Sources
- "Constructive Dismissal", ACAS, 2026 — https://www.acas.org.uk/dismissals/constructive-dismissal
- Employment Rights Act 1996, Section 95(1)(c) — https://www.legislation.gov.uk/ukpga/1996/18/section/95
- "Dismissal: Your Rights", Gov.uk — https://www.gov.uk/dismissal
- Equality Act 2010 — https://www.legislation.gov.uk/ukpga/2010/15
- "Code of Practice on Disciplinary and Grievance Procedures", ACAS — https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
- "Employment Rights Act 2025", ACAS — https://www.acas.org.uk/employment-rights-bill