Constructive dismissal is defined in section 95(1) Employment Rights Act 1996. It is where you resign with or without notice, because of a fundamental or repudiatory breach of the employment contract by your Employer. The breach can be a breach of a written term of your contract or a breach of an implied term, and must be so serious that you had no other option but to resign.
Constructive dismissal (1 month)
If you are constructively dismissed, your claim would be for normal unfair dismissal in the Employment Tribunal, and carries the same basic and compensatory award. Generally, you must have two years’ service to claim constructive dismissal. This page provides guidance on proving constructive dismissal, and the circumstances in which a breach will be considered waived or affirmed.
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