Can constructive dismissal give rise to an unfair dismissal claim?

Examples of constructive dismissal include:
- A serious breach of the contract of employment, such as not paying the employee
- Forcing the employee to accept unreasonable changes to the contract of employment
- Bullying, harassment and violence against the employee by the employer or a colleague
- Falsely accusing the employee of serious misconduct or being unable to carry out their job
- Making an employee work in dangerous conditions
- Excessive demotion or disciplining of the employee

Proving constructive dismissal only proves that the employee has been dismissed instead of resigning; it does not automatically prove that the dismissal was unfair. An employment law solicitor can clarify this point if you are unsure how this relates to your particular circumstances. In order to show that the dismissal was unfair and claim against their employer in an Employment Tribunal, the employee needs to establish they have grounds for an unfair dismissal claim.

Unfair dismissal occurs when the employer does not have a fair reason for dismissing an employee, or they dismiss them for an automatically unfair reason. Automatically unfair reasons include discriminatory reasons and the employee’s exercise of their statutory rights. In addition, unfair dismissal can occur if the employer does not follow the correct procedure for dismissing an employee as laid out in employment law.

If the constructive dismissal can be connected to a reason for unfair dismissal, the employee will have grounds for an unfair dismissal claim in an Employment Tribunal. Legal advice should be sought if a claim for unfair dismissal is to be brought before an Employment Tribunal.

In addition, an employee may be able to show that the constructive dismissal was wrongful dismissal. An employment solicitor will be able to inform the employee of which claim is the most appropriate for their situation.
If an employee feels that their treatment in the workplace amounts to a breach of contract and that they have no other choice than to resign, they are highly advised to seek legal advice from an employment solicitor before they do so.

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