Constructive dismissal

New and updated

• Date:

  3 September 2026

  Type:

  News

  Estate agent awarded £47k for unfair dismissal following maternity leave

  An estate agent has been awarded more than £47k after she was constructively and unfairly dismissed after returning from maternity leave, a tribunal ruled. Ms Stewart brought claims of unfair dismissal, direct discrimination, discrimination on the grounds of pregnancy and maternity and/or sex, and victimisation or less favourable treatment.

• Type:

  FAQs

  Must an employee have been employed for a particular period of time before they can claim constructive dismissal?

  The qualifying period for unfair dismissal is reduced from two years to six months for dismissals on or after 1 January 2027. This applies equally to constructive unfair dismissals.

• Type:

  Employment law guide

  Unfair dismissal: constructive dismissal

  Updated to refer to Brooks v Leisure Employment Services Ltd, in which the EAT considered if engaging in a grievance procedure affirms the contract of employment.

• Date:

  27 May 2025

  Type:

  Commentary and insights

  Mythbusting: Constructive dismissal claims

  Constructive dismissal claims are commonly misunderstood and misrepresented, as typified by the headlines attracted by two recent employment tribunal judgments. Stephen Simpson indulges in a little mythbusting.

• Type:

  Employment law cases

  Flexible working: Employment tribunal round-up

  We look at four recent employment cases brought over the mishandling of flexible working requests, including two where the tribunal found the employee had been constructively dismissed.

• Type:

  Employment law cases

  Constructive dismissal tribunal round-up: Express and implied breaches

  We look at three recent employment tribunal decisions where the unfair constructive dismissal claim was successful because of mistakes made by the employer that breached the employment contract expressly or impliedly.

• Type:

  Employment law cases

  Social media misconduct: Employment tribunal round-up

  We look at three employment tribunal cases in which employers criticised or disciplined employees for their social media activities.

• Type:

  Employment law cases

  Dress codes: Employment tribunal round-up

  We look at three recent employment tribunal decisions concerning dress and jewellery codes that led to successful employment tribunal claims for religious discrimination and unfair constructive dismissal.

• Type:

  Employment law cases

  Age discrimination: Employment tribunal round-up

  We look at three employment tribunal cases in which employers were held to have discriminated against employees because their age was a factor in their dismissal.

• Type:

  Employment law cases

  Unfair constructive dismissal: Employment tribunal round-up

  We look at three recent employment tribunal decisions where the actions of the employer led to successful unfair constructive dismissal claims.