To bring an ordinary constructive unfair dismissal claim, employees usually need two years of continuous service for employment ending before 1 January 2027, or six months for employment ending on or after that date. Exceptions apply to some claims. Claims are brought before the Employment Tribunal. To pursue this claim the employee must prove that the employer has breached a term of their contract and that the breach was so serious as to merit a resignation normally without notice.
Claims of this type are more difficult for an employee than unfair dismissal as the employee must prove the case.
The most common term to be breached is the implied term in every contract written or verbal, of mutual trust and confidence. Mutual trust and confidence are normally damaged or destroyed by unacceptable behaviour of the employer or a co-worker/line manager.
The employer is responsible for the acts of its employees. This is called vicarious liability.
Our team of employment law specialists can assist with advising as to the merit or risk of a claim and assess potential damages. For further information as to compensation levels please see the page on compensation.
For employment ending on or after 1 October 2026, the usual tribunal time limit is six months less one day. Earlier dismissals are generally subject to the previous three-month limit. Contact Acas within the applicable time limit; early conciliation affects how the final deadline is calculated.
Prior to claiming employees must now contact ACAS about Early Conciliation.
Extensions can be granted in certain circumstances but this is rare.
Our highly experienced employment solicitors work across the UK with offices in Leeds, Harrogate, London, York and Sheffield. Contact us for a free initial discussion.
