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If you’ve been unfairly dismissed, pressured to resign, or left your job due to your employer’s unreasonable or unlawful conduct, you may have strong grounds to pursue a constructive or unfair dismissal claim.
At Warner Goodman LLP, our specialist employment law team can guide you through your options, assess the strength of your case, and support you at every stage, including representation at an employment tribunal if necessary.
Constructive dismissal occurs when an employee feels forced to resign because of their employer’s serious breaches of contract or unacceptable treatment, making it impossible to continue working. Common examples include:
In these situations, your resignation is treated legally as a dismissal, giving you potential grounds to bring a constructive dismissal claim. These cases are often complex, so seeking advice from an experienced employment law solicitor is essential before taking any action.
Unfair dismissal focuses on whether your employer acted fairly when ending your employment. You are generally protected if you have worked continuously for at least two years. Fair reasons for dismissal under UK law include:
If your dismissal does not fall under one of these fair reasons, it may be considered unfair under UK employment law.
You may have a claim if your employer has:
You usually need two years’ service to make an unfair or constructive dismissal claim, but exceptions exist for whistleblowing, discrimination, or breaches of your employment contract.
Because evidence is essential, seeking expert legal advice before resigning or filing a claim is strongly recommended.
Making an unfair or constructive dismissal claim can be complex, so it’s important to understand the steps involved and seek expert guidance to protect your employment rights.
Seek Specialist Advice Early: Contact an employment law solicitor as soon as possible to understand your rights and options.
Raise a Formal Grievance: If appropriate, submit a formal grievance with your employer to document your concerns and attempt an internal resolution.
Participate in ACAS Early Conciliation: Before taking your claim to an Employment Tribunal, you must attempt ACAS Early Conciliation, which aims to resolve disputes without formal proceedings.
Lodge an Employment Tribunal Claim: If conciliation is unsuccessful, you can file a claim with the Employment Tribunal. Our solicitors can guide you through each stage to maximise your chances of a successful outcome.
At every stage, we can provide tailored advice to protect your rights and give you the best chance of a successful outcome.
If you believe you have been unfairly dismissed, constructively dismissed, or wrongfully dismissed, our specialist employment law solicitors can provide expert guidance and support at every stage.
Our services includes:
 | Assess the strength of your case and explain your options |
| Advise on the best course of action, including whether to resign or raise a grievance |
| Represent you in ACAS Early Conciliation to try to resolve the dispute without going to a tribunal |
| Prepare and submit a claim to the Employment Tribunal if necessary |
| Negotiate settlements or pursue compensation for financial losses |
Our team combines extensive legal knowledge with practical experience, ensuring your case is handled professionally and giving you the best chance of a successful outcome. We provide clear advice, realistic guidance, and compassionate support throughout what can be a stressful process.
For unfair dismissal claims, you generally need at least two years of continuous employment, although exceptions exist for cases involving discrimination, whistleblowing, or breaches of statutory rights. Constructive dismissal claims can also require two years’ service, but legal advice should be sought before resigning to ensure your claim is valid. Claims to an Employment Tribunal must usually be submitted within three months less one day from the date of dismissal or resignation.
Yes. Constructive dismissal occurs when your employer’s conduct makes it impossible for you to continue working. Even though you resign voluntarily, the law may treat it as a dismissal, giving you grounds for a claim. Evidence of the employer’s serious breaches of contract is essential.
Compensation may include:
Knowing the distinctions between unfair, wrongful, and constructive dismissal helps you identify your rights and the most appropriate course of action.
Remedies and outcomes can vary. Unfair dismissal may lead to compensation or reinstatement, while wrongful dismissal typically seeks to recover financial losses from the breach of contract.
While you can represent yourself at an Employment Tribunal, cases involving constructive or unfair dismissal are complex and often require detailed evidence and legal strategy.
Specialist employment law solicitors can help:
Your employer must provide notice according to your contractual terms or statutory minimum notice. Failure to do so may constitute wrongful dismissal, which is separate from unfair or constructive dismissal and focuses on breach of contract.
A grievance is a formal complaint raised with your employer about unfair treatment, bullying, or breaches of contract. Raising a grievance may be required before making a claim and can sometimes resolve issues without the need for tribunal proceedings. A dismissal claim is a legal action against your employer for unfair, wrongful, or constructive dismissal.
Yes, but the circumstances may differ. Constructive dismissal claims can arise if your employer breaches the contract terms or engages in serious misconduct during the fixed-term period. Legal advice is essential to evaluate your specific situation.
You may be able to raise a grievance or negotiate changes before resigning. Constructive dismissal claims require that the employer’s actions seriously breach the employment contract, but taking legal advice early can help protect your rights and prevent loss of compensation.
Claims during probation are limited. Statutory unfair dismissal protection usually applies after two years of employment, but discrimination, whistleblowing, or other statutory rights may still be enforced during probation.
Before filing a tribunal claim, you must contact ACAS (Advisory, Conciliation and Arbitration Service) to attempt early conciliation. ACAS will:
It is illegal for employers to retaliate against employees for asserting statutory rights, including unfair dismissal, constructive dismissal, discrimination, or whistleblowing. Retaliation can itself be a separate claim.
The timeline varies depending on complexity and caseload, but typical unfair or constructive dismissal cases may take 6–12 months from filing to final hearing. Settlement through ACAS conciliation can significantly shorten this timeframe.
No one should feel forced out of their job or face the challenges of lost employment due to unfair treatment. Our specialist employment solicitors in Hampshire are here to provide guidance, support, and expertise.
We offer a proven track record in handling dismissal claims, with benefits including:
| Over 170 years of combined experience in employment law for employees |
| High success rate in representing employees in Constructive and Unfair Dismissal cases |
| Clear pricing for transparency and peace of mind |
| Clients rate us ‘excellent’ on reviewsolicitors.co.uk, based on over 1,000+ reviews |
| Fully regulated and authorised by the Solicitors Regulation Authority (SRA) |
With Warner Goodman LLP, you can rely on a team that is experienced, approachable, and committed to achieving the best outcome for every client.
If you believe you have been unfairly dismissed or forced to resign due to constructive dismissal, it’s important to get specialist legal advice as soon as possible. Our experienced solicitors can guide you through every step of the process, protect your rights, and work to achieve the best possible outcome for you.
We assist clients across Hampshire and beyond, with offices conveniently located in Southampton, Portsmouth, Fareham, Chandler's Ford, and Waterlooville. You can choose to meet in person or arrange a remote appointment.
Call: 023 8063 9311
Email: employment@warnergoodman.co.uk
Alternatively, you can complete our online enquiry form to request a confidential callback.
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