Select Page

Constructive Dismissal

Offices in Leeds, Harrogate and London. Working with clients across the UK and overseas.

Two years of service is required to present a claim of Constructive Dismissal to the Employment Tribunal. To pursue this claim the employee must prove that the employer has breached a term of their contract and that the breach was so serious as to merit a resignation normally without notice.

Claims of this type are more difficult for an employee than unfair dismissal as the employee must prove the case.

The most common term to be breached is the implied term in every contract written or verbal of mutual trust and confidence. Mutual trust and confidence are normally damaged or destroyed by unacceptable behaviour of the employer or of a co-worker/line manager.

The employer is responsible for the acts of its employees. This is called vicarious liability.

We can assist with advising as to the merit or risk of a claim and assess potential damages. For further information as to compensation levels please see the compensation link.

Employees have three months less one day from the termination of their employment to commence a claim for constructive dismissal.

Prior to claiming employees must now contact ACAS about Early Conciliation.

Extensions can be granted in certain circumstances but this is rare.

Andrew Boyde Employment Law Associate Leeds

Andy Boyde
Associate, Employment Law

Contact Our Employment Law Team

On page form

Form for all pages

"*" indicates required fields

Free Initial Employment Law
Discussion For Your Business

At Consilia Legal, our employment law team are highly experienced in supporting businesses who need employment law advice for a wide range of employment law situations. If you would like to have a confidential discussion surrounding your employment law matter please contact us on 0113 322 922 or marie@consilialegal.co.uk

Award Winning Leeds Employment Law Solicitors

At Consilia Legal, our employment law team have achieved numerous accolades and recognitions, whether as nominees, finalists, or winners of prestigious Legal Awards. We're also ranked in the top three employment Solicitors in Leeds on Three Best Rated for the fourth consecutive year. 

Our team of expert Leeds Employment Solicitors are dedicated to securing the best outcomes for our clients, from general employment law matters to complex Settlement Agreements. We're proud to have our highly regarded Employment law team featured in the esteemed Chambers and Partners publication. Our excellent reputation, evident in our 5 star reviews for Employment Law Matters on Review Solicitiors extends throughout Leeds and the Yorkshire region, and we're ready to represent you with your Employment Law matter, wherever you are located.

Read Our 5 Star Reviews