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.

Have a question or need some help? Call us today on 08082747557

For free first advice when you want it,
fill in the form below

Please let us know you are not a robot

Your local legal experts


Why QualitySolicitors?

With QualitySolicitors your first initial assessment is free, so you can call us without worrying about being charged for a call you might not have actually needed to make. And because we place our clients are at the heart of everything we do, we make these five customer service promises to make sure you'll feel properly looked after.

This is why, in the first instance, most people looking for legal help in relation to a 'Home And Property' call QualitySolicitors for a Free Initial Assessment over the phone before requesting our Ask the Legal Expert service; which is an introductory 45-minute face-to-face consultation for £99.