Constructive dismissal (Great Britain)
In Great Britain, constructive dismissal concerns an employee who resigns because of a serious employer breach. Whether a claim succeeds depends on the facts, legal requirements and applicable time limits; a difficult workplace or resignation alone does not automatically establish it. A breach can be a single serious incident or a series of acts. Constructive dismissal and constructive unfair dismissal are related but further statutory requirements can affect an unfair-dismissal claim. Do not apply one jurisdiction’s qualifying periods or remedies to another.
Worked example
An employee resigns after repeated unpaid wages and believes the employer has seriously breached the contract. Whether a constructive dismissal claim succeeds requires assessment of the facts and applicable law.
Common mistake
Assuming that employer behaviour alone automatically ends employment or guarantees a successful tribunal claim.
Where it appears in your exams
| Qualification | Exam | Relationship | Period |
|---|---|---|---|
| ACCA | LW (ENG) | Direct | September 2026–June 2027 |