Constructive Dismissal Solicitors for Employees
Specialist constructive dismissal solicitors in London and the South East – supporting employees forced to resign due to mistreatment at work.
When your job becomes impossible to stay in, we help you take action.
If your working life has become intolerable, you may feel you have no choice but to resign. But stepping away doesn’t mean surrendering your rights. Constructive dismissal law exists to protect employees when an employer’s conduct amounts to a serious breach of contract.
At Thomas Mansfield Solicitors, we support employees and senior professionals who’ve been pushed too far – through bullying, unfair treatment or contract breaches. Our constructive dismissal solicitors will assess your situation, explain whether you may have a claim, and help you plan your next step – whether that’s negotiating an exit, securing compensation or bringing a formal claim.
Advice for senior executives under pressure
For those in leadership roles, the breakdown of trust can be commercially and personally complex. Shareholder pressure, boardroom dynamics or internal politics may lead to marginalisation or engineered exits.
Our constructive dismissal solicitors advise directors, partners and senior executives navigating these situations, ensuring that your legal rights, contractual protections and professional reputation are all properly considered and safeguarded.
What is constructive dismissal?
Constructive dismissal occurs when your employer commits a serious breach of contract that forces you to resign. It is treated in law as a dismissal – even though you’re the one who left.
You might have a claim if your employer has:
- Demoted you without consultation.
- Ignored bullying, discrimination or harassment.
- Unilaterally changed your role, hours or pay.
- Undermined your authority or excluded you.
- Created a toxic working environment that made your role untenable.
If you resign for these reasons, you may have grounds for constructive unfair dismissal or even wrongful dismissal if your contractual entitlements were withheld. We’ll guide you through the best course of action.
Constructive, unfair and wrongful dismissal – what’s the difference?
These terms often get confused – here’s how they differ:
- Unfair dismissal – You are dismissed by your employer without a fair reason or fair process.
- Constructive dismissal – You resign in response to your employer’s serious breach.
- Wrongful dismissal – Your employer breaches your contract, usually by failing to give notice or pay.
We’ll explain the differences clearly and advise on the most effective legal route based on your circumstances.
Call our employment law team on 0204 571 1443 or
Do I have a constructive dismissal claim?
To bring a successful claim, you’ll need to show that:
- You have worked continuously for the same employer for two years.
- Your employer committed a fundamental breach of contract.
- That breach directly led to your resignation.
- You resigned promptly in response.
It may be a one-off act or a series of acts culminating in a ‘last straw’ event.
There are situations where you might be able to claim constructive dismissal if you don’t have two years’ service, and that is if your claim falls within one of the exemptions. For example, if you have been discriminated against or if you have blown the whistle.
We’ll assess the situation with you and give clear, strategic advice – whether that means raising a formal grievance, planning your resignation, or preparing for a potential claim.
Alternatives to bringing a claim
Resigning doesn’t always mean going straight to employment tribunal. In many cases, a settlement agreement can offer a quicker, more private resolution – with terms around compensation, references and confidentiality.
We’ll help you weigh up the strength of your claim against any offer on the table, ensuring the final outcome reflects the seriousness of your experience and your future plans.
Meet our employment law partners
Why choose Thomas Mansfield Solicitors for constructive dismissal advice.
- Specialists in employee exits – We support employees and senior professionals through high-stakes departures, including constructive and unfair dismissal. Ranked in The Legal 500, Lexcel accredited and members of the Employment Lawyers Association.
- Clear, confident guidance – We explain your legal position in plain English and help you decide the best course of action – whether that’s negotiating a way out or taking formal steps.
- Flexible and accessible – Offices across London and the South East, with remote consultations wherever you are.
- Trusted by clients – Known for our calm, strategic advice and strong results, even in difficult or sensitive situations.
Call our employment law team on 020 4579 5997 or
Felt forced out of your job? Here’s how we can help you regain control.
Frequently asked questions
What types of behaviour might justify constructive dismissal?
To bring a constructive dismissal claim, your employer’s behaviour must be serious enough to fundamentally breach the trust and confidence at the heart of your contract. That could include bullying, harassment, discrimination, demotion, unfair disciplinary action, being ignored or excluded, or sudden changes to your pay or duties. A toxic working environment or repeated failures to address complaints may also qualify. It’s not enough to simply dislike your role - the conduct must be significant. We’ll look at the full picture and advise whether what you’ve experienced is likely to meet the legal test.
What is constructive dismissal?
Constructive dismissal happens when your employer’s behaviour breaches your contract so seriously that you feel forced to resign. That might involve bullying, discrimination, undermining your role, or changing your job without agreement. Even though you resign, the law treats it as a dismissal. To claim, you’ll need to show that your employer’s conduct left you no reasonable choice but to leave. Our constructive dismissal solicitors will help you understand whether your experience qualifies as constructive dismissal, explain your options, and support you in taking action - whether that’s negotiating an exit package or bringing a claim in the employment tribunal.
What if I’ve been forced out but there’s no paper trail?
A lack of formal evidence doesn’t mean you can’t bring a claim. In constructive dismissal cases, your credibility and ability to show a consistent pattern of behaviour can be just as important. Notes, emails, texts or witness accounts may all help. If you’ve raised issues internally, even informally, that can strengthen your case. We’ll help you build a timeline, gather supporting evidence and explain how to present your case - whether that’s in negotiations or at tribunal. Acting early often makes a big difference.
How long do I have to bring a constructive dismissal claim?
You must begin the Acas Early Conciliation process within three months less one day of your final working day. If conciliation ends without resolution, you’ll then have a month to submit your claim to the employment tribunal. These deadlines are strict, and extensions are only granted in exceptional circumstances. If you miss them, your claim may be out of time. We recommend speaking to one of our constructive dismissal solicitors as soon as possible - even if you’re still considering your options. We’ll guide you through the process and make sure all deadlines are met.
Do I need to raise a grievance before I resign?
In most cases, yes. Raising a formal grievance shows that you gave your employer an opportunity to address the issue and can help strengthen your claim. It can also protect you from breaching the Acas Code and risk being subjected to a reduction in your compensation in the event you are successful. But if the situation is particularly serious or urgent, we may advise you not to delay your resignation. Every case is different and acting too soon or too late could affect your rights. We’ll talk you through the risks and benefits, and help you make a decision that protects your position - whether you’re still employed, planning to resign, or already out of the business.
What award can I win if I am successful in a claim?
You may receive a basic award, calculated like redundancy pay based on age, weekly pay and years of service and a compensatory award for lost earnings and other financial losses. In claims like discrimination or whistleblowing, compensation can also include injury to feelings and isn’t subject to the usual cap. The tribunal decides what’s fair based on your specific case.
Can I bring a claim if I’m still employed?
You can’t claim constructive dismissal unless you’ve resigned. The law treats your resignation as the dismissal - so if you’re still employed, it’s too soon to claim. But that doesn’t mean you should wait passively. If you’re dealing with a difficult situation, we can help you raise a grievance, explore internal resolution, or prepare to leave on your terms. In some cases, a negotiated settlement may be possible before you resign. Our constructive dismissal solicitors will support you with a strategy that protects your career, your health and your legal position - whatever you decide.
Contact us
Contacting the right person couldn’t be easier. Use our form or call us to speak to an experienced employment solicitor in confidence.
Please note we do not offer legal aid or no win no fee agreements.