What is constructive unfair dismissal?
Constructive unfair dismissal cases arise where the employer has breached a “fundamental” term of the employee’s contract of employment and the employee has resigned in response to the breach. Who can claim constructive unfair dismissal? You can bring a claim for constructive unfair dismissal in the Employment Tribunal if you satisfy the following requirements: • You have been continuously employed for a period of 12 months’ prior tothe date of your resignation • You have resigned soon after and in response to a “fundamental” breach of your contract of employment by your employer What would be a “fundamental” breach of my contract? Your employer must have acted in such a manner that they have effectively destroyed the basis of the employment relationship therefore entitling you to resign from your contract with immediate effect. It is not sufficient that your employer has acted “unreasonably.” A contract of employment can include both express (terms set out in a written or verbal agree
