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Constructive Dismissal

Constructive dismissal is the legal term for when you were forced to resign or had no option but to resign.

There are generally three times when you might be able to argue that you were forced to resign. These are when your employer:

  • gave you a choice between resigning or being fired.
  • has taken a set of actions designed to coerce you into resigning.
  • has breached an employment condition in a way that makes it impossible to continue in your job.

This type of dismissal, where you actually resign, is not easy to challenge. It’s up to you to show that resigning was your only real option. You also need to be able to show that the employer was aware and would have predicted that you would probably resign if they didn’t change something.

If you are still in your job and you are unhappy about the way you have been treated you might be tempted to resign and say later that it was a constructive dismissal. We strongly urge you not to do this. It is far better to have one of our employment specialists advocate for you. It might be possible to negotiate an exit package instead of resigning.

If you believe that you had no option but to resign or you are seriously thinking about resigning contact us for a free phone consultation. We have a team of employment specialists on hand to support you and to file a personal grievance if you have a case.