Constructive Dismissal Assessment
Answer questions about your situation and find out how strong a constructive dismissal claim could be. Get a personalised assessment with specific next steps.
Last updated: February 2026
This tool provides estimates based on current UK employment law. It is not legal advice.
How it works
Describe your situation
Answer 5–7 questions about what your employer has done, how it affected you, and what steps you have taken so far.
Get your claim strength score
A clear indicator of how strong your potential claim is, based on the legal tests for constructive dismissal.
See your personalised analysis
AI-powered analysis of the specific factors in your case, with recommendations on what to do next.
What you'll get
Claim strength
Moderate–Strong
Plus personalised AI analysis of your specific situation, risk factors, and recommended next steps.
What is constructive dismissal?
Constructive dismissal is when you resign because your employer's conduct has made it impossible for you to continue working. In legal terms, your employer has committed a fundamental breach of your employment contract, and you resign in response to that breach.
The legal test
To succeed in a constructive dismissal claim, you must show three things:
- Fundamental breach: Your employer breached a fundamental term of your contract (often the implied term of mutual trust and confidence)
- Resignation in response: You resigned because of the breach, not for some other reason
- No affirmation: You did not wait too long or do anything that could be seen as accepting the breach (such as continuing to work for an extended period without objection)
Common examples
Constructive dismissal can arise from: failure to pay wages, unilateral changes to your role or working conditions, bullying or harassment, failure to investigate a grievance, or a pattern of undermining behaviour that destroys the trust relationship.
The 3-month deadline
You must contact ACAS within 3 months less 1 day of your resignation date to start early conciliation. Missing this deadline will almost certainly mean you lose the right to bring a tribunal claim.
Based on authoritative sources
Frequently Asked Questions
Is constructive dismissal hard to prove?
It can be challenging. You must show a fundamental breach of contract, that you resigned because of it, and that you did not delay or accept the breach. Our assessment helps you understand how these tests apply to your specific facts.
Do I need to raise a grievance first?
You are not legally required to, but failing to raise a grievance can reduce your tribunal compensation by up to 25% under the ACAS Code of Practice. It also gives your employer the chance to put things right, which strengthens your position if they fail to do so.
How long can I wait before resigning?
There is no fixed time limit, but the longer you wait after the breach, the more likely it is that a tribunal will find you accepted the situation. If the breach is ongoing (a "last straw" situation), the clock may reset with each new incident.
What compensation can I get?
The same as unfair dismissal: a basic award (up to £21,000) plus a compensatory award (up to £115,115 or 52 weeks' pay). If the constructive dismissal involved discrimination, there is no cap on the compensatory award and you can also claim injury to feelings.
Ready to check your entitlement?
Free, confidential, and takes less than 2 minutes. Get your personalised result with AI analysis.
Start the Assessment