I have been forced to resign. Is this constructive dismissal?

If you have been treated so unfairly by your employer then you may have felt forced to hand in your notice and resign.

This may really be a case of them unfairly sacking you because they had destroyed the basis of your working relationship.

Where the employer's action breached a fundamental term of your employment contract and you resigned in direct response soon afterwards then this may well be constructive unfair dismissal and you will be entitled to bring a claim for compensation.

You can bring a claim even if the employer's behaviour was not a breach of something specifically dealt with in the contract. Instead it could be something that was an important term that you imply, such as fair treatment, mutual trust and confidence or that they would look after your health and safety.

However, you should always think carefully before resigning as you will not have a claim if the employer can prove that you resigned of your own accord and that you were not effectively dismissed.

Take your Free First Step to legal advice today. For these sort of complex issues many clients take advantage of our £100 Ask the Legal Expert service to discuss the particular circumstances in detail with a one-to-one session with a specialist lawyer who will use their general experience of this area of law to advise on strength of your case and your legal options.

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