At Allan McDougall Solicitors, we’ve got years of experience supporting employees in Scotland in constructive dismissal cases.

From what constructive dismissal is to how you can deal with it, we’re here to help you understand your rights under UK employment law and how to move forward with as little stress as possible.

What is constructive dismissal?

Constructive dismissal is when you’re forced to resign from your job because of action or inaction by your employer. To qualify for a claim, your employer must have fundamentally breached your contract and have left you with no choice but to leave the company.

Claims can be made for a single serious breach or a series of actions taken together that create an intolerable working environment.

Examples of constructive dismissal

Common examples of conduct that constitute constructive dismissal at work include:

• Pay cuts or demotions without justification.
• Unaddressed bullying or workplace harassment.
• An employer forcing unreasonable changes to your job role or place of work.
• A toxic or unsafe working environment.
• Employers ignoring serious complaints or workplace grievances.
• Material breach of your contract of employment.

Your rights as an employee in the UK

To bring a claim for constructive dismissal, you must:

• Be legally classed as an employee rather than a worker or contractor.
• Have at least two years of continuous service with the employer.
• Be able to show that your resignation was in direct response to your employer breaching your contract.
• Not give the impression that you consent to the employer’s breach of contract.

If your resignation comes from a fundamental contract breach, you don’t need to give any notice to your employer, although you may choose to do so.

Delaying resignation or continuing to work may mean you lose the claim at an employment tribunal, if it comes to that.

On the other hand, if you do not pursue an internal grievance process with the employer, you may be regarded as having acted prematurely, before the employer had an opportunity to address the problem.

What to do if you’ve been constructively dismissed

1. Try to resolve the issue informally

While these cases are usually serious, it’s recommended to try and find an informal resolution before taking legal action. As well as potentially resolving the issue, doing so shows that you have given your employer the opportunity to change things, which can strengthen a claim.

2. Seek legal advice early

Constructive dismissal claims are difficult to prove and complex, so seeking legal advice is recommended before you resign. This can help you protect your rights and give your claim a better chance of succeeding.

3. Raise a formal grievance

Before resigning, be sure to raise your concerns formally and in writing with your employer. This, again, shows that you gave them the opportunity to resolve the issue and can be used as evidence in a claim.

4. Document everything

Keep written records of any communications and timelines, with details of any significant events that could contribute to your case. This includes emails, texts, meeting notes, and complaints from you and your employer.

5. Act promptly

If you intend to resign, you must do so without too much delay after the breach. That’s why it’s important to carry out the above steps quickly.

Employment tribunal time limits

If you’ve resigned and wish to claim constructive dismissal, you must lodge your claim within three months minus one day of your last day of employment. You’ll also need to contact ACAS to start the early conciliation process before the tribunal will accept your claim.

If your resignation was connected to discrimination at work or whistleblowing, you may be able to claim under other legal frameworks.

How we can help

While constructive dismissal claims can be difficult to prove, and the burden of evidence lies with the employee, we have the experience and expertise to help you through this often-stressful situation.

With a clear, compassionate approach to legal advice, we tailor everything around your situation and aim to resolve issues without needing to go to an employment tribunal.

If it’s necessary, however, we can represent you through the legal process and help you seek compensation or a fair settlement.

If you believe you’ve been constructively dismissed or need advice about your situation at work, get in touch with the employment law specialists at Allan McDougall Solicitors.

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