Constructive dismissal claim: what you need to show

A constructive dismissal claim concerns resignation because of your employer’s conduct. Employment Rights Act 1996 section 95(1)(c) treats the employee as dismissed in these circumstances. You generally need to show a serious breach of contract, resignation in response and no delay so long that you accepted the breach. Before resigning, seek advice about the events and the documents you have. Feeling unable to continue at work does not replace the need to examine the breach, your response and the timing. Keep a dated account so a legal expert can assess all three.

How a constructive dismissal claim works

Under Employment Rights Act 1996 section 95(1)(c), an employee resigns because of the employer’s conduct and is treated as dismissed. The employee generally needs to show a serious breach of contract by the employer. They also need to show that they resigned in response to it.

The timing matters. The employee must not delay so long that they accepted the breach. Record what happened, when it happened and how you responded. Keep the relevant contract, correspondence and any resignation letter. An adviser needs to examine the connection between the conduct and the resignation.

A constructive dismissal claim is a type of unfair dismissal claim. The same qualifying service and tribunal time limit rules apply. Do not assume that resigning creates a claim without those conditions being assessed. Seek advice before making a decision about leaving.

Deadlines and qualifying service

For dismissals before 1 January 2027, an employee normally needs 2 years of continuous employment to claim ordinary unfair dismissal. Acas says that the qualifying period under the Employment Rights Act 2025 is due to fall to 6 months from 1 January 2027, subject to government consultation.

Some dismissals are automatically unfair and need no qualifying service. Examples include whistleblowing or a reason connected with pregnancy or maternity. The reason and your employment dates therefore need assessment rather than an assumption based only on how long you worked there.

Acas states that time limits for employment tribunal claims increased from 3 months to 6 months on 1 October 2026. The 3 month limit may still apply to problems that started before 1 October 2026. Check your deadline early and seek advice.

A claim usually starts with ACAS Early Conciliation before the ET1 tribunal claim form. Keep your employment dates and the dates of the employer’s conduct ready when you ask for advice. Do not wait until your account is finished to check the deadline.

How Belonge helps

A Case Assessment costs £149, or 3 payments of £49.67 with Klarna. It includes one hour with a legal expert by video or audio on Microsoft Teams, a review of your evidence and key documents, and a written report by 11:59pm (UK time) on the next working day once all requested documents are provided.

Our legal experts are solicitors, barristers, CILEX professionals and accredited HR Directors. We advise employees in England, Scotland and Wales.

Belonge prepares clients. We do not represent clients and do not attend meetings, hearings or tribunals.

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