Constructive Dismissal Claim Solicitors

If your employer’s behaviour has made your position intolerable and left you with no real option but to resign, you may have grounds for a constructive dismissal claim. This occurs when an employer commits a serious breach of your employment contract - whether written or implied - that destroys the trust and confidence required in any employment relationship.

You might be facing a reduction in pay, an unreasonable change in job role or working hours, or ongoing mistreatment such as bullying or exclusion. Whatever the circumstances, being forced to resign can cause serious financial and emotional strain.

The employment law solicitors at Clough & Willis can advise you on your options, assess the strength of your claim and help you pursue fair compensation through negotiation or the Employment Tribunal.

To speak to a solicitor in Bury or Bolton, call 0800 083 0815, or complete our online enquiry form, and a member of our team will get back to you promptly.  

Why choose Clough & Willis?

Clough & Willis has considerable experience in advising employees who believe they have been constructively dismissed. We help clients across a range of industries understand their rights, assess the strength of their case and take practical steps to protect their position.

Our solicitors:

• Provide clear, realistic advice on grounds for constructive dismissal and possible outcomes.
• Support you through ACAS conciliation and tribunal proceedings.
• Help you prepare evidence such as your resignation letter, communications with your employer and relevant policies or contracts.
• Advise on settlement agreements and compensation to help you move forward with your life and career.

We approach every case with honesty and professionalism, and an eye for achieving a fair outcome that is resolved before the need for legal proceedings, where required.

What is constructive dismissal?

Constructive dismissal arises when an employee resigns because of a fundamental breach of contract by their employer. The law treats this as a dismissal, even though it was the employee who resigned.

A breach may involve an express contractual term, such as a failure to pay wages or a demotion without agreement, or an implied term such as the duty of mutual trust and confidence. In practice, this means your employer has acted in a way that a reasonable person would find impossible to continue working under.

Constructive dismissal can occur even where there is no written contract, as every employment relationship is governed by basic legal obligations of fairness and respect.

Examples and grounds to claim constructive dismissal

Constructive dismissal can arise from many different types of employer conduct, including:

• Unreasonable reduction in pay or removal of agreed benefits.
• Demotion or major change in job responsibilities without prior agreement.
• Failure to address complaints of bullying, harassment or discrimination.
• Persistent failure to pay minimum wage or other contractual pay entitlements.
• Sudden changes to working hours or location without consultation.
• Ignoring legitimate employee concerns or grievances.
• A pattern of behaviour that undermines trust and confidence.

Sometimes, a single serious incident may be enough to amount to a breach - for example, if an employer assaults an employee or makes false accusations of misconduct. In other cases, a series of smaller breaches can collectively make working conditions intolerable.

How to prove constructive dismissal

Establishing a constructive dismissal claim requires clear evidence that your employer’s actions amounted to a serious breach of your employment contract and left you with no choice but to resign. Proving this can be complex, and the way you handle each stage of the process will directly affect the strength of your case.

The solicitors at Clough & Willis will play a crucial role in helping you demonstrate that:

• Your employer’s conduct amounted to a fundamental breach of contract.
• Your resignation was a direct response to that breach.
• You acted promptly and reasonably, without continuing to work under the same conditions for too long.

We will assess the evidence supporting your claim - such as emails, meeting notes and grievance records - to determine how best to present your case. We can also help you prepare your formal grievance, advise on next steps if the issue is not resolved internally and represent you during ACAS Early Conciliation or Employment Tribunal proceedings.

Constructive dismissal claims are often lost because employees resign before seeking advice or without properly documenting the issues. By involving a solicitor at an early stage, you give yourself the best chance of proving the breach, protecting your rights and achieving fair compensation.

Constructive dismissal: under two years’ employment

Ordinarily, employees need two years of continuous service to bring a claim for unfair or constructive dismissal. However, there are exceptions.

You may still be able to make a claim if your resignation relates to:

• Discrimination on the grounds of age, sex, race, disability or other protected characteristics.
• A breach of health and safety regulations.
• Whistleblowing, or reporting wrongdoing in the workplace.
• Asserting your statutory employment rights, such as the right to paid minimum wage or family leave.

If any of these apply, speak to our team before resigning. We can advise on whether your circumstances qualify for a claim without the two-year qualifying period.

The constructive dismissal claim process

While each case is unique, the process of bringing a constructive dismissal claim generally includes:

1. Initial legal advice: an assessment of your situation, evidence and potential remedies.
2. ACAS Early Conciliation: a mandatory step before making a tribunal claim, aimed at reaching an early settlement.
3. Issuing a claim: if conciliation fails, your solicitor can help you submit a claim for constructive dismissal to the Employment Tribunal.
4. Tribunal hearing and resolution: the tribunal will decide whether you were constructively dismissed and what level of compensation should be awarded.

To give your case the best chance of success, taking early advice is vital. Constructive dismissal can be difficult to prove without legal support, and a well-prepared claim depends on a clear timeline, written evidence and compliance with procedural steps.