Constructive dismissal: when «resigning» counts as being dismissed

You are not always dismissed directly — sometimes you are forced to «quit». The law takes account of this.

What the law says

Under the Employment Rights Act 1996 (section 95(1)(c)), an employee is treated as dismissed if they end the contract themselves (with or without notice) because of the employer's conduct that entitled them to leave without notice — that is, because of a serious breach of the contract. This is «constructive dismissal»: formally you resigned, but the cause is the employer's actions.

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What counts as a serious breach

For example: not paying your wages; unilaterally cutting your pay or demoting you; bullying, or failing to deal with harassment; a drastic change to your role without agreement. Importantly, you must resign reasonably promptly in response — if you carry on working «as if nothing happened» for too long, you may be taken to have accepted the change.

As with ordinary unfair dismissal, you usually need two years' service, and the «serious breach» bar is high. So before handing in your notice, gather evidence and get advice.