Foundation Certificate in Environmental Management (AIEMA)

• the employer acted in serious breach of their contract of employment, in a way that went to the heart of the employment relationship or indicated that the employer no longer intended to be bound by one or more of the essential terms of the contract. This is sometimes referred to as a 'fundamental' or 'repudiatory breach' of contract; and
• the employee's resignation was caused by the employer’s actions; and
• the employee did not wait too long before resigning.

An employer can constructively dismiss an employee not only through a one-off single act that is in serious breach of contract, but also by a course of conduct involving several less serious incidents that cumulatively amount to a fundamental breach of contract.

A constructive dismissal can result from the breach of an express term or an implied term of the contract. An implied term of particular importance here is the employer’s duty not, without reasonable cause, to act in a way that undermines the mutual trust and confidence that is essential to the employment relationship. 

If you are a Make UK subscriber, you can speak to your regular adviser for further guidance and/or access information in the Termination of employment section of our HRL Resources. 

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