Breach of Contract and Constructive Dismissal

If your employer has changed your employment contract without your consent or is breaching the terms of your contract, we can help.

Constructive dismissal - breach of contract

Constructive dismissal claims are usually very hard fought and tend to be very fact-specific and difficult claims to win. Given that you have to resign to bring such a claim, you would be putting yourself out of work, so a lot of care needs to be taken about whether this is the right decision for you. If you think you may have a case, it’s important to get legal advice as soon as possible and not to delay. If there’s a long time between the breach happening and you resigning, your employer may try to claim that you’ve waived your rights – waiting a long time can look like acceptance.

Can I claim for constructive dismissal if I resign?

To claim for constructive dismissal you must resign first and must do so promptly in connection with the breach. To pursue a claim, you need to have a serious reason to resign. You may be complaining about a breach of an express term of your written contract, or of implied terms such as “trust and confidence”. There are a range of actions which may, depending on the circumstances, entitle an employee to pursue a constructive dismissal claim including:

reducing your pay
demoting you
changing the type of work you do
bullying or harassing you
putting you through disciplinary proceedings which are unreasonable or not justified
not protecting you at work in terms of health and safety.

The team is always keen to assist, providing articulate and accessible legal advice.
Legal 500 UK, 2025

Our employment law services

Of course resigning from your job is often financially and emotionally daunting, so talk to an employment law specialist before you take any big steps. An employment lawyer can:

help you plan your next steps
plan the timings of each stage
advise whether you can continue working for your employer following the breach and before you take the step of resigning.

Negotiating expertise

Our experienced employment law specialists have handled multiple cases and we have numerous negotiation techniques and tactics up our sleeves. We’re adept in managing contractual disputes and we’ll be by your side, working to get you the best possible outcome.

We can also advise you on other potential claims you may have, for instance if you feel you have been forced to leave because you are a whistleblower, or if your employer has acted in a discriminatory way towards you.