Constructive dismissal is a different type of claim to unfair and wrongful dismissal. If an employee feels that their employer has made their position with their employer so difficult that they have to leave that employment then the employee may have a claim for constructive dismissal.
In order to make a constructive dismissal claim the employer must have breached the employee’s contract terms. The employee must leave that employment immediately and allege constructive dismissal. If an employee stays, even to work their notice period, there is a risk that an employment tribunal will point to the fact that the employee stayed as evidence that their position was not impossible.
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Constructive Dismissal
