Constructive dismissal is when you resign because your employer has seriously breached your employment contract. Acas says the legal term is constructive unfair dismissal. You usually need to be an employee with 2 years' service to claim, and Acas says a claim can be difficult to win at an employment tribunal.
Key points
✓The breach has to be serious. GOV.UK says it may be one serious incident or a series of incidents that are serious when taken together.
✓The law treats your resignation as a dismissal only where your employer's conduct entitled you to end the contract without notice (Employment Rights Act 1996, section 95(1)(c)).
✓GOV.UK says that if you have a case you should leave your job immediately, because your employer may argue that by staying you accepted the conduct or treatment.
✓For a problem on or after 1 October 2026 most claims have 6 months minus 1 day, and Acas says to notify Acas within your time limit.
What is constructive dismissal?
You need all four of these together:
✓Yes: Your employer committed a serious breach of your employment contract
✓Yes: You resigned in response, or partly in response, to that breach
✓Yes: You did not accept the breach, which a tribunal can find if you do not resign promptly and soldier on
✓Yes: You have the legal status of employee and usually 2 years' service
GOV.UK says the reasons you leave your job must be serious. Acas says resigning is a big step and that a constructive dismissal claim can be difficult to win at an employment tribunal.
Northern Ireland. In Northern Ireland, nidirect says you would need to show your employer has committed a serious breach of contract, that you felt forced to leave because of it, and that you have not done anything to suggest you accepted it. GOV.UK says a claim in Northern Ireland goes to an industrial tribunal and that the qualifying period there is normally 1 year. The tribunal time limits and compensation limits in this guide are the Great Britain ones.
If your employer dismissed you instead of you resigning, our unfair dismissal guide is the one to read.
Examples of what can amount to constructive dismissal
Acas gives these examples of what a claim could be about:
regularly not being paid the agreed amount without a good reason
being bullied or discriminated against
raising a grievance that the employer refuses to look into
making unreasonable changes to working patterns or place of work without agreement
GOV.UK gives these examples:
not paying you, or suddenly demoting you for no reason
forcing you to accept unreasonable changes to how you work, such as telling you to work night shifts when your contract is only for day work
letting other employees harass or bully you
Every employment contract has an implied term that the employer will not, without reasonable and proper cause, conduct itself in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee.
What does NOT usually amount to constructive dismissal
These do not amount to constructive dismissal, or put a claim at risk:
✗No: Employer conduct that did not entitle you to end the contract without notice, which is the test in section 95(1)(c) of the Employment Rights Act 1996
✗No: A final incident that is entirely innocuous, even if you genuinely but mistakenly found it hurtful
✗No: Signing a settlement agreement, because Acas says you cannot then make a constructive dismissal claim to an employment tribunal
✗No: Resigning before the breach actually happens, because nidirect warns your employer could then claim there has been no dismissal
Acas says constructive dismissal could be because of one serious incident or a series of things.
The Court of Appeal in Omilaju accepted that the breach of trust and confidence may consist of a series of actions that cumulatively amount to a breach, though each individual incident may not
The last straw must contribute, however slightly, to the breach of the implied term of trust and confidence
If you carried on after earlier conduct, a final act that is part of the same course of conduct can revive your right to resign, according to the Court of Appeal in Kaur
The last straw doctrine has no application where the breach is a one-off serious breach of contract
The critical rule, resign promptly
GOV.UK says that if you have a case for constructive dismissal you should leave your job immediately, because your employer may argue that by staying you accepted the conduct or treatment.
The Court of Appeal in Kaur said that an employee who does not resign promptly once the employer's conduct has crossed the line, but soldiers on, will be held to have affirmed the contract.
Acas says that if you are going to resign you should get legal advice first, and nidirect says leaving your job should be the last resort.
Acas says that if there has been a serious breach you may want to leave straight away instead of working your notice period. Doing this could be a breach of your employment contract, but Acas says it can be justified sometimes, so you should get legal advice.
How to bring a constructive dismissal claim
1
Try to sort it out first
Acas says you can raise a problem informally by talking to your employer, and can raise a grievance, which is a formal complaint to your employer, if you have already tried that.
2
Resign in writing
Acas says your resignation letter should explain clearly your reasons for leaving.
3
Notify Acas within your time limit
Acas says that if you are thinking about making a claim, the first step is to notify Acas, and that you should do this within your time limit. Acas says it is up to you to make sure you notify Acas in time. Acas says that for a problem on or after 1 October 2026 you have 6 months minus 1 day for most claims, and that for a problem before 1 October 2026 you have 3 months minus 1 day for most claims. For a constructive dismissal claim, Acas says the time limit runs from the last day of your notice period, or the day you resigned if you did not give your employer notice. Acas says early conciliation can last up to 12 weeks. You can contact the Acas helpline on 0300 123 1100.
4
Make your tribunal claim
Acas says that if you decline early conciliation, or your employer does, you get a certificate with a number on it, which is the number you need for form ET1, the form you use if you still want to make a claim to an employment tribunal.
Section 118 of the Employment Rights Act 1996 says an award of compensation for unfair dismissal consists of a basic award and a compensatory award. A constructive dismissal counts as a dismissal under section 95(1)(c) of the same Act. Our unfair dismissal compensation section shows how the awards are worked out and when they can be reduced.
Basic award: half a week's pay for each year of employment under 22, one week's pay for each year aged 22 to 40 and one and a half weeks' pay for each year aged 41 or over, counting at most 20 years, with a week's pay capped at £751
Compensatory award: the amount the tribunal considers just and equitable having regard to your loss, capped at the lower of £123,543 or 52 times a week's pay
Section 124(1A) says the cap does not apply where the dismissal is regarded as unfair by virtue of section 100, 103A, 105(3) or 105(6A) of the Act
A tribunal may increase an award by no more than 25% where your employer unreasonably failed to comply with a relevant Code of Practice, or reduce it by no more than 25% where you unreasonably failed to comply
The tribunal applies the rule on the duty to mitigate your loss when it works out the compensatory award
Acas says that from 1 January 2027 the limit on compensation for unfair dismissal will be removed. In Northern Ireland, nidirect says a tribunal may adjust an award up or down by as much as 50 per cent where the Labour Relations Agency Code of Practice on Discipline and Grievance Procedures has not been followed.
The Equality Act 2010 counts ending your employment by your own act, including giving notice, as a termination where you were entitled to end it without notice because of your employer's conduct. Our discrimination at work guide covers those claims, and the changes from 2027 are in our unfair dismissal changes guide.
Constructive dismissal is when you resign because your employer has seriously breached your employment contract, and Acas says the legal term is constructive unfair dismissal. GOV.UK says it is when you are forced to leave your job against your will because of your employer's conduct. Acas says a claim can be difficult to win at an employment tribunal.
Do I have to resign to claim constructive dismissal?
Yes. Section 95(1)(c) of the Employment Rights Act 1996 treats you as dismissed where you terminate the contract, with or without notice, in circumstances in which you are entitled to terminate it without notice by reason of your employer's conduct.
How long do I have to claim constructive dismissal?
Acas says that for a problem on or after 1 October 2026 you have 6 months minus 1 day for most claims, and 3 months minus 1 day for a problem before that date. For a constructive dismissal claim, Acas says the time runs from the last day of your notice period, or the day you resigned if you gave no notice. Acas says that if you are thinking about making a claim, the first step is to notify Acas, and that you should do this within your time limit.
Can I claim constructive dismissal after just a few months of employment?
Acas says you usually need to have worked for your employer for 2 years. Acas says you may be able to claim with less service where the reason for resigning was related to pregnancy, childbirth or maternity leave, health and safety, whistleblowing, asserting your rights under the Working Time Regulations, or asserting your right to the National Minimum Wage. Acas says that from 1 January 2027 employees will have the right to claim unfair dismissal after 6 months in a job, instead of 2 years.
Should I raise a grievance before I resign?
Acas says that if you have already tried to resolve things informally you can raise a grievance, which is a formal complaint to your employer. nidirect says that if speaking to your manager or someone else does not work, you should try to sort out the problem through your company's standard grievance procedure.
Know Your Rights UK. "Constructive Dismissal: What It Is and How to Claim." Know Your Rights UK, https://www.knowyourrightsuk.com/employment/constructive-dismissal