Constructive dismissal is where an employee resigns because their employer has seriously breached the employment contract. The breach must be fundamental, meaning it goes to the root of the employment relationship and makes it reasonable for the employee to treat the contract as having ended.
In England, Wales and Scotland, constructive dismissal can arise from a single serious incident or from a series of events which, taken together, amount to a fundamental breach. Common examples include reducing pay without agreement, demoting an employee, failing to deal with bullying or harassment, imposing unreasonable changes to duties or hours, or otherwise destroying the relationship of trust and confidence between employer and employee.
To bring a constructive dismissal claim, the employee usually needs to show that the employer committed a fundamental breach, that they resigned in response to that breach, and that they did not wait too long before resigning. If the employee continues working for too long after the breach, they may be treated as having accepted the employer’s conduct.
Below are key constructive dismissal cases. Click here to read a more comprehensive guide to constructive dismissal.
Ms Ahmed, of northern Sudanese origin, was denied promotion to Amnesty's Sudan researcher post due to impartiality and safety concerns linked to her ethnicity. The EAT upheld direct race discrimination but overturned the constructive unfair dismissal finding.
Professor Buckland resigned after the university re-marked his exam papers without authority, undermining his integrity. The Court of Appeal held that the test for repudiatory breach in employment is objective, not 'range of reasonable responses', and that a repudiatory breach, once committed, cannot be unilaterally cured.
Dr Barry, a GP suffering from myasthenia gravis, resigned after her employer stopped her sick pay. The EAT held the tribunal erred in finding she had affirmed her contract by delaying resignation whilst negotiating, and substituted a finding of unfair constructive dismissal.
A nurse resigned after disciplinary proceedings and a final written warning following a workplace altercation, claiming constructive unfair dismissal. The Court of Appeal upheld the striking out of her claim, clarifying the 'last straw' doctrine and affirmation principles in cumulative breach cases.
Dr Leaney, employed for over 40 years, resigned alleging constructive dismissal through cumulative breach of trust and confidence. The tribunal found he had affirmed the contract during a three-month delay before resigning. The EAT allowed his appeal, finding the tribunal had erred in its approach to affirmation.
Mr Omilaju resigned after his employer refused to pay wages for days he spent attending his own employment tribunal hearing. The Court of Appeal held this lawful refusal could not constitute a 'last straw' justifying constructive dismissal, clarifying the doctrine.
An employee resigned after his employer refused to advance holiday pay or a loan following a disciplinary suspension. The Court of Appeal held there was no constructive dismissal, establishing that the contract test, not unreasonableness, governs whether an employee has been constructively dismissed.
A teacher resigned after prolonged mistreatment during disciplinary and grievance processes. The EAT held the Tribunal erred in dismissing his constructive dismissal claim by focusing only on the final 'innocuous' act, and substituted findings of constructive and unfair dismissal.
September 22, 2026
National Case Law Archive
September 22, 2026
National Case Law Archive
September 22, 2026
National Case Law Archive