This is a slightly different scenario. An employee resigns (with or without notice) because there has been a fundamental or repudiatory breach of the employment contract by the employer, leaving it virtually impossible for the employee to continue to work for that employer.

Much like unfair dismissal the employee must comply with the eligibility criteria, of 1 years’ continuous employment. It is important that all employees are aware that it is notoriously difficult to succeed with a claim of this nature, primarily because there are many pitfalls.

It is always advisable that every employee applies the rule of more haste less speed when making a decision of this kind. They should, where possible, try to resolve the issues internally in the first instance.

If you require further information about Constructive Dismissals, or to arrange a Fixed Fee appointment, please contact us.