Constructive dismissal is when an employee is forced to quit their job against their will because of their employer's conduct. This conduct must be objectively considered to be unreasonable;  that the employee had no other option but to resign.

The following may be considered to be constructive dismissal

• Your employer has committed a serious breach of contract;
• You felt forced to leave because of that breach;
• You have not done anything to suggest that you have accepted their breach or a change in employment conditions;
• You believe that the your safety is at risk at your employment;
• If your employer failed to pay your wages;
• If you are  suddenly demoted you for no reason;
• You were forced to accept unreasonable changes to your conditions of employment without your agreement (e.g. suddenly telling you to work in another town, or making you work night shifts when your contract is only for day work);Y
• You experienced or you have indirectly been affected by bullying, harassment or violence against you or even other colleagues making you work in dangerous conditions

The reason for leaving your job must be serious - there must be a fundamental breach of your contract and you did not contribute to your dismissal by, for example, failing to alert your employer of your grievance.    In the case of a perceived risk to health and safety the test is a subjective one that must but held reasonably.

Your employer's breach of contract may be one serious incident or the last in a series of less important incidents that are serious when taken together.

If you are bringing a claim to the Employment Appeals Tribunal or the Rights Commissioners Service the burden to prove that the employers' behaviour was unreasonable rests with you.  The case law suggests that before considering pursuing a constructive dismissal claim you should at the very least raise a grievance with the employer, unless of course there is no practical reason for doing so.  Your reasons will be scrutinised closely. If you peremptorily resign than you may be held to have contributed to your own dismissal thus denying your employer an opportunity to right any wrong. The employer must be given an opportunity to "mend their hand".

We would strongly recommend that you consult with us before you consider bringing a claim of constructive dismissal