Forced to Resign Because of Unfair Treatment at Work?

What is Constructive Dismissal?

Constructive dismissal (legally known as “constructive unfair dismissal”) occurs when your employer’s conduct forces you to resign. In other words, your employer has seriously breached your contract or made your working life so intolerable that you have no real choice but to leave. 

This might involve a fundamental breach of an explicit term of your employment (such as not paying your wages or unilaterally demoting you), or a breach of the implied duty of trust and confidence (treating you so poorly that the relationship is broken). In the eyes of the law, even though you resigned, it can be treated as if your employer unfairly dismissed you due to their actions.

However, proving constructive dismissal can be challenging. Tribunals require evidence that your situation was extreme enough that quitting was justified. 

That’s why it’s crucial to get legal advice on constructive dismissal before you resign or as soon as possible afterwards. Our experienced employment solicitors will assess your circumstances and advise whether you have a strong claim or whether other steps (such as raising a grievance) should be taken first.

Resigned Due to Unfair Treatment? Signs You May Have a Constructive Dismissal Claim

Many situations can amount to constructive dismissal. Essentially, you need to show that your employer committed a serious breach of your rights or contract, and you left because of it. Some common examples of unfair treatment that could justify resignation include:

• Non-payment or Pay Cuts: Your employer consistently fails to pay your full wages, cuts your salary without agreement, or withholds bonuses you’re contractually entitled to.
• Bullying, Harassment or Discrimination: You are subjected to workplace bullying or discriminatory treatment (by managers or colleagues), and management does nothing to stop it.
• Unreasonable Changes to Job Terms: Sudden, significant changes are imposed on your job – such as a demotion, drastic change in duties, unreasonable new working hours, or relocation – without your consent.
• Ignored Grievances: You raised formal complaints or grievances about issues like harassment or unsafe conditions, but your employer ignored them or failed to investigate and resolve them appropriately.
• Toxic Work Environment: A pattern of behaviour by your employer (or allowed by your employer) has made the environment hostile – for example, constantly undermining or humiliating you, overloading you with impossible workloads, or otherwise making it unbearable for you to continue.

Every case is unique, and sometimes a single serious incident (like a physical assault at work or a significant breach of trust) can be enough. In other cases, a buildup of more minor incidents creates the “last straw” that drives you to resign. If you feel you had no option but to leave your job due to how you were treated, talk to our constructive dismissal lawyers about your situation. We will quickly evaluate whether your experience meets the legal threshold for a constructive dismissal claim.

Important: Generally, you need to have worked for your employer for at least 2 years to bring a constructive unfair dismissal claim in England and Wales (just like a standard unfair dismissal case). There are exceptions – for example, if your resignation was because of discrimination, whistleblowing, health and safety issues, or other automatically unfair reasons, you might still claim even with less service. Our solicitors can advise you on your rights and options, whatever your length of service.

Constructive Dismissal Compensation and Settlements

If you were forced to resign, you deserve compensation for your losses. Our goal is to help you secure the best possible outcome – whether that’s through an Employment Tribunal award or an out-of-court settlement. Constructive dismissal settlements are common, as employers often prefer to avoid the cost and publicity of a tribunal. 

We are skilled negotiators who can engage with your employer (or their lawyers) to seek a fair settlement agreement. This could include a financial payout for your lost earnings (such as notice pay and future wage loss), a tax-free compensation sum, an agreed job reference for future employers, and often a contribution towards your legal fees from your employer.

By negotiating a constructive dismissal settlement, we aim to get you justice and closure without the stress of a full tribunal hearing. Of course, if your employer won’t agree to a fair settlement, our team will confidently represent you in an Employment Tribunal claim to fight for the compensation you’re entitled to. 

In a successful constructive dismissal tribunal case, you could receive an award that includes a Basic Award (a fixed sum based on your length of service and age) and a Compensatory Award for your financial losses (like lost salary and benefits), subject to statutory caps. We understand how to value your claim accurately and will strive to maximise your compensation.

Why Choose Our Constructive Dismissal Solicitors?

When you’re dealing with something as stressful as being forced out of your job, you need the best team on your side. Here’s why so many employees across England and Wales choose us:

• Leading Employment Solicitors: Our firm is home to some of the UK’s leading employment law specialists. We have a proven track record of success in constructive dismissal cases so that you can trust our expertise and experience.
• 100% Remote Legal Support: You get top-quality legal advice and representation without ever needing to travel. We operate a fully remote service – by phone, email, and video call – so no matter where you are in England or Wales, our constructive dismissal lawyers are accessible and ready to help.
• Same-Day Advice: We understand the urgency of your situation. If you contact us, you’ll receive prompt attention from an employment solicitor. Constructive dismissal issues often need immediate action, so we make it a priority to provide same-day advice and start moving your case forward.
• Transparent Pricing: We believe in clear, honest pricing. Our solicitors will explain any fees upfront, with no hidden charges. You’ll know exactly what our services will cost. In many cases, we can work on a fixed-fee basis or on other flexible arrangements to suit your needs.
• Employer-Funded Fees (Where Applicable): Worried about legal costs? In many constructive dismissal cases – especially when negotiating a settlement agreement – we can arrange for your employer to cover your legal fees. This means you could get expert legal advice and representation at little or no cost. We’ll always explore this option whenever it’s available.

Time is critical in constructive dismissal cases. There is a strict 3-month minus 1 day deadline from your resignation date (or the end of your notice period) to start a tribunal claim, so it’s essential to act quickly. Our compassionate, knowledgeable solicitors are ready to listen to your story and offer clear guidance on your next steps.

If you think you have been forced out of your job unfairly, don’t delay – contact our constructive dismissal lawyers today for a confidential, no-obligation consultation. We’ll tell you within the same day how we can help and what your options are. We’ll handle everything for you – from paperwork and negotiations (like ACAS Early Conciliation) to representing you at the Employment Tribunal – so you don’t have to stress. 

With our fully remote support, you can get immediate legal help from the comfort of your home. Let us fight for your rights and help you move forward with confidence.