The part of the Employment Rights Act 1996 that lets you count as dismissed if you resign because of your employer’s conduct. This is the legal basis for a constructive dismissal claim.

In practice

In this case, an employee resigned after his employer demoted him without any real consultation. Because that amounted to a fundamental breach of his contract, his resignation counted as a dismissal under section 95(1)(c), and he could bring an unfair dismissal claim.

Book a call