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Understanding Constructive Dismissal

Rebecca Reid

26 July 2022

Expert employment solicitor Rebecca Reid explains and answers some questions on the rules around constructive dismissal.

Understanding constructive dismissal:

  • Who can claim constructive dismissal?
  • Should the employee raise a grievance?
  • What will happen if the employee doesn’t raise a grievance?

What is constructive dismissal?

Constructive Dismissal is where the employer has committed a serious breach of contract, entitling the employee to resign in response to the employer's conduct. The employee is entitled to treat him or herself as having been “dismissed” and the employer's conduct is often referred to as a “repudiatory breach”.