Guides › Work and Employment › Constructive Dismissal: Resigning Because of Your Employer
Constructive Dismissal: Resigning Because of Your Employer
Constructive dismissal is when you resign because your employer seriously broke your contract, for example by not paying you, demoting you, allowing bullying or making unreasonable changes. You must prove both the serious breach and that you resigned because of it. You usually need 2 years' service, with exceptions for automatically unfair reasons and discrimination. These claims are hard to win, so get advice before you resign.
At A Glance
Your Rights
What the rules say, with a link to the official source for each.
What Counts
Examples
Allowing bullying or harassment, unreasonable changes such as forced longer hours, demotion or refusing to pay you, an unsafe workplace, removing contractual benefits, or not giving you the support you need to do your job. source
Changes That May Be Fair
Changes to hours, place or pay may be fair if your contract allows them, you were consulted, or they were an alternative to something worse such as redundancies. source
Making A Claim
Time Limit
If your job ended on or after 1 October 2026: 6 months minus 1 day. If it ended on or before 30 September 2026: 3 months minus 1 day. source
Raise It First
Report the problem to your manager, their manager or HR first. If your employer does not act, your claim may be stronger. Put in writing why you are resigning. source
Time Limits to Know
Miss a deadline and you can lose a right. Check the dates on your own paperwork.
- 6 monthsTime limit (minus 1 day)From the day your job ended, if on or after 1 October 2026
Steps to Take
Step 1 of 4
Raise a grievance about the problem before you decide anything.
Step 2 of 4
Get advice from Acas, Citizens Advice or your union.
Step 3 of 4
If you resign, say in writing that it is because of the breach. Do not delay too long.
Step 4 of 4
Tell Acas and claim within the time limit.
(Tap the numbers to reveal steps)
Where to Go If It Is Not Put Right
Your options, in order, and when each one applies.
Acas Helpline
Free and confidential. 0300 123 1100, Monday to Friday, 8am to 6pm.
Acas Early Conciliation
You must tell Acas before you make most tribunal claims. It is free.
Citizens Advice or Your Trade Union
Free help to check your case and work out what you are owed.
Good to Know
Small things that make your complaint stronger.
Check if home or car insurance includes legal expenses cover.
Rules here are for England, Scotland and Wales. Northern Ireland has its own employment law, the Labour Relations Agency and industrial tribunals; see nidirect.
Want Help?
If you would like one of our team to look at your problem, our initial case review is free. We cannot guarantee any outcome and we do not give legal advice.
Lead reviewer
Luke Marley
Founder and Lead Reviewer
Luke founded CPUK in 2026 after seeing how hard it is for ordinary people to get problems with companies put right. He oversees our guides and checks them against official sources.
Research by Katie Burt, Co-founder and Operations Lead (17 years in the care sector, including managing services for vulnerable adults), and the CPUK Research Team. Researched with AI-assisted research tools, then checked and corrected by our team.
Last checked: 15 October 2026. We are not paid by the companies we write about. Adverts never affect our guidance. Read our editorial policy.
Sources and official links
- citizensadvice.org.uk/work/leaving-a-job/dismissal/claiming-constructive-dismissal Checked 15 October 2026
- acas.org.uk/contact Checked 8 October 2026
- acas.org.uk/early-conciliation/how-early-conciliation-works Checked 8 October 2026