Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Constructive dismissal definition

What does Constructive dismissal mean? Constructive dismissal describes an employee’s resignation in response to the employer’s fundamental (repudiatory) breach, so the law treats the employee as dismissed. In England & Wales and Scotland, the Employment Rights Act 1996, s.95(1)(c), recognises dismissal where the employee resigns because they are entitled to terminate without notice by reason of the employer’s conduct. Case law (including Western Excavating v Sharp) requires a serious breach of an express term or the implied term of mutual trust and confidence; a series of acts and a “last straw” can suffice. The employee must resign promptly, in response to the breach,...

Constructive Dismissal: Elements, Employer Breach, Last Straw, Affirmation, Cure, Unfair and Discriminatory Claims

Published by a LexisNexis Employment expert

Practice notes

Dismissal of an employee by their Employer

Generally, an employer takes the initiative to end an employee’s employment. In essence, the employer brings the Contract of employment to an end through what they say or do. Such action is usually known as an express dismissal. However, there are situations where the employer does not end the contract but acts in a way that allows the employee to resign and argue that, because of the employer’s misconduct, they have effectively been dismissed. A resignation in those circumstances may amount to a Constructive dismissal. Here, the resignation is treated as dismissal arising from the employer’s conduct...

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Keith Bryant , KC

Outer Temple Chambers

Keith Bryant KC’s wide experience includes advising and acting for commercial and public sector organisations, trustees, government departments and agencies, individuals and unions.His practice is focused on pensions law and employment law and the areas of overlap between the two. He is also increasingly involved in cases with a financial services aspect.Keith is regularly instructed in the High Court (Chancery and King’s Bench Divisions, including Commercial Court and Administrative Court), the Employment Appeal Tribunal and the Appellate Courts, both in England and Wales and also in Northern Ireland. He has been involved in a number of matters before the Determinations Panel of the Pensions Regulator, the Security Vetting Appeals Panel, the Pensions Ombudsman and other specialist tribunals.Keith writes and lectures regularly on pension, employment and other commercial topics. Keith sits as a part time employment judge....

Web page updated on 22/05/2026

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