Constructive dismissal occurs where an employee is effectively forced to resign on account of a fundamental breach of contract i.e. when an employee feels that they have no choice but to resign because of something the employer has done. The breach may be due to unreasonable changes to terms and conditions of employment e.g. salary reduction, or on account of serious problems with working conditions such as bullying or health and safety issues.
If an employee wishes to make a claim for constructive dismissal to the Employment Tribunal, the claim must be made by three months minus one day from:
- The last day of the nice period
- The day the employee resigned
An employee can only make a constructive dismissal claim if they have two years of service with the employer, including the statutory notice period.