Constructive dismissal

Constructive dismissal is where your employer’s action or inaction makes the situation in work so intolerable you feel you have no choice but to resign from your job.

You make a claim for constructive dismissal under the Unfair Dismissals Act.

You should only resign as a last resort after using all other available options to resolve the problem. You should use your company's complaints or grievance procedure before you resign and claim you were constructively dismissed.

To be successful in a constructive dismissal claim, you will have to prove that your resignation was justified (you had good reasons to leave).

This is different to an unfair dismissal case, where your employer must prove fair grounds for your dismissal.

If your claim for constructive dismissal is successful, you may be:

• Compensated for your loss of earnings caused by the dismissal
• Placed back in your job under reinstatement
• Placed back in your job under re-engagement

You can claim constructive dismissal if you can show that your employer’s action:

• Is an actual breach of your contract of employment or is serious enough for you to resign
• Shows that they no longer intend to be bound by one or more of the essential terms of the contract
• Was unreasonable (see examples below)

Behaviour by your colleagues that goes unchecked by your employer can also be taken into account in a constructive dismissal claim.

Examples of constructive dismissal

The reason for leaving your job must be serious. Some examples include:

• A serious breach of your contract (such as not paying you or demoting you for no reason)
• Forcing you to accept unreasonable changes to your conditions of employment without your agreement (for example changing your shift pattern)
• Allowing colleagues to bully or harass you at work where this behaviour goes unchecked by your employer
• Making you work in dangerous conditions
• Making false accusations against you, such as fraud or misconduct

You should only resign as a last resort after using all other available options to resolve the problem.

Before you resign

If you feel you are being forced to leave your job because of your employer's actions, you should raise this with your employer as soon as possible. Give your employer an opportunity to discuss the issue and try to resolve it.

Before you resign, you should:

• Use your company’s complaints or grievance procedure
• Use any outside industrial relations procedures available to you (for example using a trade union or mediation)
• Look for detailed advice as this is a complex area of law, it can be difficult to prove constructive dismissal

If you have to resign

If you cannot resolve the issue with your employer and you feel you have no choice but to resign, you may claim you were constructively dismissed.

You must have 12 months' continuous service with your employer to bring a claim for constructive dismissal. However, in certain cases the requirement of 12 month’s service does not apply.

You must bring your claim within 6 months from the date your job ended. This time limit may be extended to 12 months where there are exceptional circumstances that prevented you from making a claim within 6 months.

You can bring your claim to the Workplace Relations Commission. You make a claim by completing the online complaint form. Complaints will be referred to an adjudication officer for hearing.

If your claim for constructive dismissal is successful, you may be:

• Compensated for your loss of earnings caused by the dismissal
• Placed back in your job under reinstatement
• Placed back in your job under re-engagement

You can read more about the possible remedies for unfair or constructive dismissal.

You can appeal the decision of an adjudication to the Labour Court.

For more information about your employment rights contact the Workplace Relations Commission's Information and Customer Service.

The laws on constructive dismissal are set out in the Unfair Dismissals Acts 1977–2015.