Constructive Dismissal Solicitors
Harcourt Stirling Solicitors provides expert legal support for employees facing constructive dismissal.
You don’t have to face this alone—start with a straightforward, free initial consultation with an employment law specialist to understand your options.
Why choose Harcourt Stirling Solicitors for your constructive dismissal matter?
Facing a constructive dismissal claim can be stressful and overwhelming. You need a law firm that combines deep expertise in employment law with practical, tailored guidance — helping you understand your options, protect your rights, and achieve the desired outcome.
Harcourt Stirling Solicitors is a trusted law firm, with a team of experienced employment lawyers providing expert guidance and personalised support every step of the way.
- Transparent and Trusted: Harcourt Stirling Solicitors is proud to have earned positive client feedback on Google and Trustpilot, reflecting our focus on professionalism, expertise, and responsive client service.
Accreditations: We are fully regulated by the Solicitors Regulation Authority (SRA) and accredited by The Law Society. - Experienced Team: Our team has extensive legal experience in a variety of practice areas, including employment law and constructive dismissals.
- Strategic Approach: Whether your claim is best resolved through negotiation, mediation or formal proceedings, we design a plan that suits your goals and minimises disruption.
- Location: No matter where you are in the UK, our constructive dismissal solicitors are happy to help.
How Harcourt Stirling Solicitors handles your constructive dismissal matter
At Harcourt Stirling Solicitors, we understand that resigning due to unfair treatment or a serious breach of contract can be one of the most stressful decisions in your career. Our employment law team has helped many employees successfully navigate constructive dismissal claims — securing fair settlements, negotiated exits, and tribunal awards where necessary.
We take a clear, supportive, and strategic approach to every case:
- Free initial consultation: We listen carefully to your circumstances, review your employment documents, and advise whether your resignation could amount to constructive dismissal.
- Case review and legal advice: Our constructive dismissal solicitors review your situation, explain your legal options, and provide guidance on the potential next steps.
- Evidence and documentation: We work with you to gather the key evidence — including correspondence, grievances, and witness statements — that supports your case.
- Negotiation or settlement: Wherever possible, we aim to reach a fair settlement or exit agreement to help you move on without the stress of formal proceedings.
- Tribunal representation: If a settlement isn’t achievable, we can represent you before the Employment Tribunal to pursue the compensation or remedies you’re entitled to.
Our team combines expert legal insight with practical guidance — helping you make informed decisions and navigate your case effectively.
Speak to an employment law specialist today!
What makes a strong constructive dismissal case?
Not every resignation qualifies as constructive dismissal, so it’s important to understand what strengthens a claim. At Harcourt Stirling Solicitors, we carefully evaluate each situation to identify the factors that make a case compelling. Key elements include:
- Serious breach of contract: Your employer’s actions must amount to a fundamental violation of your employment terms, such as failing to follow disciplinary procedures or changing your role or pay without agreement.
- Pattern of unreasonable behaviour: Ongoing harassment, bullying, discrimination, or intimidation can demonstrate a hostile working environment.
- Documented evidence: Emails, letters, formal complaints, performance reviews, and witness statements that clearly show the employer’s misconduct.
- Timing and prompt action: Acting promptly after the employer’s conduct strengthens your claim and demonstrates that resignation was a direct response to the breach.
- Clear link between employer conduct and resignation: You must show that you resigned because of the employer’s actions, not for unrelated reasons.
Our constructive dismissal lawyers assess these factors carefully and provide tailored advice on the best approach to protect your rights and pursue fair compensation.
Your rights and options after a constructive dismissal — and how our lawyers can help you
If you resign because of your employer’s serious breach of contract, you may be entitled to make a constructive dismissal claim. Understanding your rights and options is crucial to making informed decisions about your case.
Your potential options include:
- Claiming compensation: Recover lost wages, benefits, and other financial losses caused by your resignation.
- Negotiating a settlement: Reach a mutually acceptable agreement with your employer without going to tribunal.
- Pursuing an employment tribunal claim: If negotiation fails, a tribunal can award compensation based on your losses and the severity of the breach.
Harcourt Stirling Solicitors guide you every step of the way by:
- Assessing whether your resignation qualifies as constructive dismissal.
- Reviewing your employment contract and gather supporting evidence.
- Advising on the most effective strategy — negotiation, mediation, or tribunal proceedings.
- Representing you in discussions with your employer or at the tribunal, ensuring your rights are fully protected.
Our constructive dismissal lawyers seek to help you achieve a fair resolution while minimising stress and disruption, so you can move forward with confidence.
Speak to an employment law specialist today!
How to start your constructive dismissal case with Harcourt Stirling Solicitors
Taking action after a constructive dismissal can feel overwhelming, but starting your case with the right guidance makes all the difference. At Harcourt Stirling Solicitors, we make the process straightforward and supportive:
- Contact us: Get in touch by phone, email, or our online enquiry form to arrange a free initial consultation.
- Provide details about your situation: Share your employment contract, resignation letter, grievance records, and any relevant correspondence or evidence.
- Case assessment: Our constructive dismissal solicitors review your documents and explains whether your resignation qualifies as constructive dismissal, your rights, and potential outcomes during a free consultation.
- Strategy discussion: We outline the ideal approach for your case — whether negotiating a settlement, pursuing mediation, or filing a formal employment tribunal claim.
- Take action: Once you’re ready, we guide you through the process, acting in your interests and helping you understand your rights at every stage.
Our constructive dismissal specialists
Constructive dismissal matters we specialise in
Selected constructive dismissal resources
Selected constructive dismissal case studies
Speak to an employment law specialist today!
Frequently Asked Constructive Dismissal Questions
What is considered a constructive dismissal?
Constructive dismissal happens when an employee resigns because their employer’s conduct has made it impossible to continue working. This could include unfair treatment, sudden changes to your role or pay, or a serious breach of trust.
Even though you technically resign, the law may treat it as if you were dismissed — giving you similar rights to claim compensation as in a wrongful termination case.
You can learn more about constructive dismissal on:
How does constructive dismissal differ from unfair and wrongful dismissal?
All three situations are very different and here’s how they differ from each other:
- Constructive dismissal happens when you resign because your employer’s conduct makes it impossible to continue working under the conditions provided.
- Unfair dismissal is a statutory claim under employment law. It looks at whether your employer had a fair reason for dismissing you and followed a fair process.
- Wrongful dismissal takes place when your employer breaches the terms of your employment contract during dismissal.
What are the legal grounds for claiming constructive dismissal?
To claim constructive dismissal, you must show that your employer committed a fundamental breach of your employment contract — one so serious that it effectively ended the working relationship.
Common legal grounds include:
- Breach of trust and confidence: Actions by your employer that destroy the mutual trust required for employment.
- Failure to address grievances: Ignoring complaints about bullying, discrimination, or other unfair treatment.
- Unilateral changes: Reducing pay, altering hours, or changing your job role without your agreement.
- Unreasonable behaviour: Persistent harassment, unjustified disciplinary action, or creating a hostile work environment.
Sometimes, it is not a single action but a series of minor actions that cumulatively create an intolerable work environment. In such cases, the “Last Straw” Doctrine applies — the final incident, even if minor on its own, can trigger the employee’s right to resign and claim constructive dismissal.
The key test is whether your employer’s behaviour was serious enough to justify your resignation. Harcourt Stirling Solicitors can review your situation and advise whether the legal threshold for constructive dismissal is met.
How long do I have to make a claim for constructive dismissal?
You usually have three months minus one day from the date your employment officially ends to file a constructive dismissal claim with an Employment Tribunal.
This deadline starts the day after your resignation takes effect, not when you first experienced the issue at work. Before submitting a claim, you must also notify Acas (Advisory, Conciliation and Arbitration Service) and go through their Early Conciliation process, which can temporarily pause the deadline.
Because time limits are strict, it’s important to seek legal advice promptly. Our constructive dismissal lawyers can help you assess your claim, meet deadlines, and guide you through the process.
What evidence do I need to support a constructive dismissal claim?
To succeed in a constructive dismissal claim, you need evidence showing that your employer’s conduct was serious enough to justify your resignation. Key types of evidence include:
- Employment contract and policies: Your contract, staff handbook, and any relevant company procedures.
- Correspondence with your employer: Emails, letters, or messages documenting disputes, changes to your role, or complaints.
- Records of grievances or complaints: Notes, meeting minutes, or formal complaints you submitted about treatment or harassment.
- Witness statements: Colleagues who can confirm bullying, discrimination, or other unreasonable behaviour.
- Performance reviews or disciplinary records: Evidence showing how your employer treated you compared to others or whether proper procedures were followed.
Harcourt Stirling Solicitors can help gather, organise, and review evidence to strengthen your case and maximise the chances of a successful outcome.
How long does a typical constructive dismissal case take?
The duration of a constructive dismissal case can vary depending on its complexity, the evidence involved, and whether the dispute is resolved through negotiation or goes to an employment tribunal.
- Negotiation or settlement: Some cases can be resolved in a few weeks to a few months if both parties are willing to reach an agreement.
- Employment tribunal: If the case proceeds to a tribunal, it may take several months from filing the claim to the final hearing.
Harcourt Stirling Solicitors aim to handle your case efficiently while protecting your rights. Our constructive dismissal solicitors provide realistic timelines, keep you informed at every stage, and work diligently to support you throughout the process.
Do I need a lawyer to file a constructive dismissal claim?
You are not legally required to have a lawyer to file a constructive dismissal claim, but having expert legal guidance greatly increases your chances of success. Constructive dismissal cases can be complex, often involving breaches of contract, procedural issues, and detailed evidence.
An employment lawyer, like those at Harcourt Stirling Solicitors, can:
- Assess whether your resignation qualifies as constructive dismissal.
- Advise on the best approach, whether negotiation, mediation, or tribunal proceedings.
- Help gather and organise evidence to support your claim.
- Represent you in discussions with your employer or at a tribunal.
With professional guidance, your rights are fully protected, and you are more likely to achieve a fair resolution or compensation.
Do I need a minimum length of service to claim constructive dismissal?
Yes, you can also only usually claim constructive dismissal if you’ve worked for your employer for at least 2 years. This includes your statutory notice period.
What will happen if my constructive dismissal case is successful?
Compensation is the likeliest result if your constructive dismissal claim is successful. The amount you stand to receive depends on the exact circumstances of the case.
If your claim is successful at an Employment Tribunal, any compensation awarded will typically include two parts: the Basic Award (based on factors like length of service and salary) and the Compensatory Award (covering actual financial losses caused by the unfair treatment).
Can I negotiate a settlement instead of going to an employment tribunal?
Yes. Even if you believe you have a constructive dismissal claim, it is often possible to resolve the matter through a settlement agreement rather than going to an Employment Tribunal.
A settlement agreement is a legally binding contract where you and your employer agree to resolve the dispute, usually in exchange for financial compensation. It may also include other terms, such as a reference or confidentiality clauses.
It’s a good idea to receive independent legal advice before signing, to ensure the agreement is fair and protects your rights. Settling can save time, reduce stress, and allow you to move forward without a tribunal hearing.
Harcourt Stirling Solicitors can guide you through the settlement process, review the terms of any agreement, and ensure your rights are fully protected.
How does the free initial consultation work?
Harcourt Stirling Solicitors offers a free initial consultation to discuss your constructive dismissal case. The free initial consultation lasts up to 30 mins and is completely free.
It allows you to speak with an employment law specialist, learn about your options, and ask any questions you may have.
Harcourt Stirling Solicitors understand how difficult it can be to speak about sensitive and confidential employment matters during the normal working day – and so you can email us (or fill out the contact form) at anytime and we’ll do our best to respond to your enquiry.
How can I contact Harcourt Stirling Solicitors for advice on constructive dismissal?
You can give us a call at 020 3627 6074 from Monday to Friday 9 am to 5:30 PM and one of our specialists will be happy to assist you.
Alternatively, you can fill out the contact form on our website and we’ll do our best to respond to your constructive dismissal enquiry as soon as we can.
You usually have three months minus one day from the date your employment officially ends to file a constructive dismissal claim with an Employment Tribunal. So, it’s important to contact us as soon as possible about your claim.
What are your legal fees and do you offer "No Win, No Fee"?
We understand that cost is a major consideration. Each matter will be weighed on its merits to determine which fee structure to apply to the individual client.
After taking your instructions and assessing your case, we will agree on one of the following funding methods with you:
- No Win, No Fee (CFA): for cases with strong merits, we may work under a Conditional Fee Agreement (CFA), meaning you do not pay legal fees unless your claim is successful.
- Fixed Fee: for specific tasks, we can work on a fixed fee basis to be agreed on engagement.
- Hourly Rates: for other matters, we apply our standard hourly rates as per our terms and conditions.
We will ensure you have a clear understanding of the applicable fees before we begin any work.