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Constructive Dismissal

Constructive Dismissal describes a situation when an employee terminates their contract of employment.

In order to prove a claim of constructive dismissal, an employee has to show that an employer has breached the contract of employment; that it is a significant or fundamental breach of contract; and that the employee terminated their contract in response to that breach – and did not delay in resigning.

Two of the most common situations for constructive dismissal are redundancy and harassment.

Whether you are an employee who has left work or is thinking of resigning (and claiming Constructive Dismissal) or an employer needing advice, contact the Haworth & Gallagher employment law team.



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