Constructive Dismissal: The Mistakes Employees Make?

Constructive dismissal claims are among the most difficult in UK employment law. Many fail not because the employee was wronged, but because avoidable mistakes undermine an otherwise valid case. Understanding those errors is critical before taking action.

The most common mistake is resigning too early. Constructive dismissal requires a fundamental breach of contract by the employer. Resigning in anger, without clear evidence of such a breach, is fatal. Not every dispute, criticism, or poor management decision will suffice. The breach must go to the root of the contract.

Closely related is resigning for the wrong reason. The resignation must be in response to the breach. If the resignation letter cites stress, workload, or personal reasons rather than the employer’s conduct, the causal link may be lost. Tribunals look closely at why the employee says they resigned, not what they later argue.

Another frequent error is delay. An employee who continues working for too long after the alleged breach may be taken to have affirmed the contract. Remaining in employment without protest, or attempting to “wait it out”, can be interpreted as acceptance of the employer’s conduct. Once affirmed, the right to claim constructive dismissal is usually lost.

Failure to raise a grievance is also a common misstep. While not legally mandatory, failing to use the employer’s grievance procedure will often count against the employee. Tribunals expect employees to give employers a reasonable opportunity to address concerns, in line with guidance from ACAS. Skipping this step can reduce compensation or undermine credibility.

Employees also underestimate the evidential burden. Constructive dismissal claims turn on documents and contemporaneous evidence: emails, messages, meeting notes, and grievance correspondence. Vague allegations unsupported by evidence rarely succeed. Emotion is not evidence.

Finally, many employees resign without considering alternatives. Resignation is irreversible. In some cases, remaining employed while seeking legal advice, negotiating an exit, or pursuing a grievance places the employee in a stronger position. Walking away may feel decisive, but it often weakens leverage.

Constructive dismissal is not simply about feeling forced out. It is a technical claim with strict legal requirements. Acting hastily, without advice, is the most costly mistake of all.

If you believe you may have been constructively dismissed, or are considering resignation, early advice is essential. Contact Hunter Lawyers for a free consultation before taking irreversible steps.