What Is Constructive Dismissal?
Constructive dismissal occurs when an employee is forced to resign because of their employer's conduct — the resignation is treated as dismissal in law under the Unfair Dismissals Acts 1977-2015.
When Does It Apply?
Examples: employer breaches a fundamental term of contract; sustained workplace harassment or bullying; demotion without justification; major changes to duties or pay without consent.
The High Bar
Courts set a high bar. You must generally: exhaust internal grievance procedures first; show the employer's conduct was so unreasonable that resignation was the only option.
Time Limit
6 months from resignation date, extendable to 12 months.
Get Advice First
Get legal advice before resigning — once you resign, the clock starts. An employment solicitor can assess your case.