Constructive dismissal factsheet

Guide to constructive dismissal.

Introduction

An employee is entitled to resign with or without notice or with short notice if his employer is in breach of a fundamental term of the employment contract. This is widely known as constructive dismissal.

Termination of the employment relationship in this way constitutes a dismissal within the meaning of the Employment Rights Act 1996.

Constructive dismissals are usually, but not necessarily, unfair.