An employee may be able to pursue a claim for constructive dismissal after they have resigned

A claim may arise where the employee terminates their own contract of employment, with or without notice, due to their employer’s conduct. It is not enough for the employee to show that the employer’s conduct has been unreasonable in some way.

Breaches of contract by an employer entitling an employee to claim constructive dismissal can include:

• allegations of poor performance which are unfounded
• a unilateral significant reduction of your salary, or the threat of a reduction
• being demoted without good reason
• a complete change to the job role
• being forced to work in breach of health and safety regulations
• reporting you to a Regulator without foundation, or failing to give an opportunity to respond
• disciplinary proceedings which are totally unreasonable
• harassment or bullying
• stress due to work that has not been properly addressed
• failing to make reasonable allowances if you have a disability

It may not be one incident that amounts to a breach of contract by the employer. Sometimes there is a continuing pattern of behaviour or incidents which, taken as a whole, amounts to a breach.  However, the ‘final straw’ which leads the employee to resign must flow from the previous acts, so that they contribute to a breach of trust and confidence.

The employee also needs to be careful not to have waived any breach by the employer. This could happen when there is a long delay in lodging a grievance or in resigning after a breach.