Constructive Dismissal

Constructive dismissal happens when an employee resigns because of how they were treated. These cases show what pushed the relationship past the point of no return.

34 results
Employee-favourable 2026

If you’re disabled and struggling to meet a deadline your employer has set for a formal process, you may be entitled to more time.

Reasonable adjustments cover deadlines, not just physical changes to your job. Ask for more time when a disability is affecting your ability to meet one, particularly for a formal process. An unreasonable refusal, especially once you've explained the impact, can be unlawful.

Employee-favourable 2025

Your employer has to act on an occupational health report, not just receive it.

If your employer receives an occupational health report recommending adjustments and does not act on it, that failure can support both a reasonable adjustments claim and, if you resign because of it, a constructive dismissal claim.

Mixed 2026

If you regularly work overtime, it should count towards your holiday pay.

What matters is whether your overtime is regular, not whether it's guaranteed. If it is, it should be included when your holiday pay is worked out, and you can usually claim a shortfall going back up to two years.

Employee-favourable 2026

Your employer has to justify cancelling a work-from-home arrangement, not just announce it.

If your employer ends a work-from-home arrangement linked to breastfeeding or childcare without a genuine business justification, that can be indirect sex discrimination, even without anything else going wrong.

Employee-favourable 2026

Agreeing to a reasonable adjustment isn’t the same as making it happen.

Agreeing to a reasonable adjustment is not the same as making it happen, and unreasonable delay can itself be unlawful.

Employee-favourable 2026

Being left unsupported and mocked for your age can justify resigning and winning.

If your employer leaves you unsupported and then blames or belittles you when things go wrong, that can be enough to resign and win a constructive dismissal claim. It's even clearer if they throw in comments about your age.

Employee-favourable 2026

Not being paid can be reason enough to resign and win your case

A serious, ongoing failure to pay your wages, pension or holiday pay can be a fundamental breach of your contract, giving you the right to resign and claim constructive dismissal.

Employee-favourable 2024

If your employer knows a colleague is freezing you out and never fixes it, that can be constructive dismissal, even years later.

Being frozen out by a colleague, over months or years, can be constructive dismissal if your employer knew and never properly fixed it.

Employee-favourable 2023

A manager’s abusive language and a botched grievance process can add up to constructive dismissal, even without one knockout incident.

A slow or superficial grievance investigation can itself help prove constructive dismissal, on top of whatever conduct you originally complained about.

Employee-favourable 2025

Burying your race complaint, then coming down hard on you later, can itself be discrimination.

Sitting on a race complaint and then disciplining you for something unrelated and minor is a combination that can itself count as unlawful discrimination.

Toxic work environment: what the law actually says, and when it crosses a line

Wondering if what you're dealing with counts as a toxic work environment, or something the law actually covers? Here's the difference between a bad atmosphere and unlawful conduct, and what to do about either one.

Employer-favourable 2019

Being suspended over a serious safety allegation isn’t automatically a breach of your contract.

Suspension isn't automatically unlawful just because it happens. Whether it breaches your contract comes down to whether your employer had reasonable and proper cause, on the specific facts of your situation.