Constructive dismissal


Produced in partnership with Keith Bryant KC of Outer Temple Chambers
Practice notes
In-house

Constructive dismissal


Produced in partnership with Keith Bryant KC of Outer Temple Chambers

Practice notes
In-house
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Dismissal of an employee by their employer will typically be at the instigation of the employer. In other words, the employer will terminate the contract of employment by their words or actions. That will amount to what is usually called an express dismissal.

There may be circumstances, however, where the employer does not terminate the contract but behaves in such a way as to entitle the employee to resign and to claim that they have effectively been dismissed as a result of the employer’s bad conduct. A resignation in such circumstances may amount to a constructive dismissal.

There are three essential requirements for a constructive dismissal:

  1. •

    there must be an actual or anticipatory breach of contract by the employer which is a fundamental or repudiatory breach, ie one that goes to the root of the contract so as to be sufficiently serious to justify the employee's resignation

  2. •

    the employee must resign in response to the breach, rather than for some other reason

  3. •

    the employee must not delay too long in terminating the contract

Keith Bryant
Keith Bryant, KC

Outer Temple Chambers

Keith Bryant KC’s wide experience includes advising and acting for commercial and public sector organisations, trustees, government departments and agencies, individuals and unions.

His practice is focused on pensions law and employment law and the areas of overlap between the two. He is also increasingly involved in cases with a financial services aspect.

Keith is regularly instructed in the High Court (Chancery and King’s Bench Divisions, including Commercial Court and Administrative Court), the Employment Appeal Tribunal and the Appellate Courts, both in England and Wales and also in Northern Ireland. He has been involved in a number of matters before the Determinations Panel of the Pensions Regulator, the Security Vetting Appeals Panel, the Pensions Ombudsman and other specialist tribunals.

Keith writes and lectures regularly on pension, employment and other commercial topics. Keith sits as a part time employment judge.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Constructive dismissal definition
What does Constructive dismissal mean?

The situation whereby an employee elects to resign and terminate his relationship with the employer by reason of the conduct of the employer.

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