Covid 19: Our website and phone lines are operating as normal and our teams are on hand to deal with all enquiries. Meetings can be conducted via phone & video conferencing.

Grievances & Resignation

Where an employer commits a fundamental breach of an employee's contract of employment that employee is entitled to resign and treat himself/herself as having being dismissed by the employer - this is called constructive dismissal.

Unless the employer has a fair reason for breaching the contract of employment the dismissal will be deemed unfair by an Employment Tribunal.

The term breached does not have to be an actual written term of the contract. Constructive dismissal can arise where there is no written contract of employment or where the written terms do not cover the alleged breach by the employer. Common breaches of written terms that can constitute a constructive dismissal are

  • reduction in pay
  • demotion/change in job role
  • change in working hours

The employer can also breach implied terms of the contract of employment. Implied terms by definition are terms implied into every contract of employment whether there is a written contract or not. The most common implied term that may be breached and bring about constructive dismissal claims is that of mutual trust and confidence.  For example:

  • If an employer unjustifiably issues a disciplinary sanction it may give rise to a breach of trust and confidence.
  • An employer who acts in a bullying and/or aggressive manner may breach trust and confidence.
  • A refusal to address legitimate employee concerns may constitute a breach of trust and confidence.

It is often hard for an employee to establish that there has been a constructive dismissal - therefore an employee should seek advice before taking such a drastic step.  If an employer has issues with an employee they should seek early advice before taking any steps so as to limit the chance of a costly employment tribunal claim.

Get in Touch

To make an appointment, or to simply discuss your case, contact Clough & Willis on 0800 083 0815, or complete an online enquiry form and we will get back to you.

Employment Law News

Can my employer force me to wear a face mask?

Frequently-asked questions about being asked to sign a settlement agreement when being made redundant

Employment Forum - December 2019

Read all Employment Law news

What Our Clients Say

I am so pleased with how Mr Macwilliam handled my case. He was extremely helpful and patient with us. I would recommend him 100% to anyone who needed a solicitor.

Mr Ashfaq

We used Clough & Willis because we believe Chris Macwilliam is the best solicitor in his field within the Bury area possibly within the Manchester / North West area. We would highly recommend Clough & Willis to family and friends.

Mr Smith

I would like to say I am extremely grateful to all at Clough & Willis. I enjoyed the fact that I could ring at any point and speak to Mr Macwilliam and always be given his full co-operation and time. I was never rushed to finish the call! I would also like to add, Mr Macwilliam kept me so up to date with my case, I always felt in the loop, I almost felt like I was the only client and felt the service was very personnel! Thank you and all the best!

Ms Broadbent-Davies

I greatly appreciated Mr Macwilliam's handling of my claim. His expertise made the whole process so easy for me and I am highly satisfied with the outcome. Many thanks.

Mr Addy

Christopher Macwilliam was excellent throughout my claim. He listened carefully and always kept me up to date. Everything was handled in a highly professional manner and I cannot speak highly enough of Chris and the company as a whole.

Mr Saunders

Mr Macwilliam has been very patient as my husband is dyslexic, some things needed explaining a few times and in other ways so Alan could understand. The interim payments were a huge help while the claim was going through.

Mrs Bonney

I was pleased with the professional and efficient manner with which my claim was dealt with. It was an unusual claim / incident but Mr Macwilliam put time and effort into understanding the dental side of the issue. I am very pleased with the outcome.

Mrs Johnson

Mr Macwilliam dealt with my case exactly how I had hoped. He was extremely professional throughout and always kept me up to date with the progress that was being made.

Mr Leech

I am writing to express our gratitude for all your hard work in securing a very good payment for the accident.

Mrs Plaskett

This was the second occasion that Chris Macwilliam has helped me to settle a problem. I have always found him to be very professional, patient and an extremely good listener. If I require the services of a solicitor in the future I would definitely contact Clough & Willis. I have recommended the firm on numerous occasions.

Client Satisfaction Comment

I was very happy with the service I received at Clough & Willis. Everything was explained clearly and patiently and each request I made was dealt with efficiently. I am happy with my outcome and would definitely recommend them to friends.

Client Satisfaction Comment

Read all testimonials