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ARTICLE · 03 JULY 2009

Constructive Dismissal

To establish a case of constructive dismissal the employee must show that his employer committed a fundamental breach of a term of the employee’s contract of employment.

United KingdomEmployment and HR
Peter Pitt
Peter Pitt

To establish a case of constructive dismissal the employee must show that his employer committed a fundamental breach of a term of the employee's contract of employment. The breach must be sufficiently serious, for instance, the employer refusing to pay the employee, or forcing that employee to accept fundamental changes to the terms of his employment contract, e.g. requiring that he relocates. Alternatively, the breach could be the last in a series of incidents which justifies the employee leaving. In this scenario, it will not matter that each of the separate incidents may not themselves amount to significant breaches of contract. What will matter is that when they are taken together, they must cumulatively amount to a fundamental breach of contract.

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