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Statutory definition

Constructive dismissal

Definition

Where an employee resigns in response to a repudiatory breach of contract by the employer, the resignation is treated as a dismissal by the employer. The employee must not delay so long as to affirm the contract.

In plain English: You quit, but only because your employer made the job impossible — so the law treats it as if they dismissed you.

You did not name a jurisdiction, so this shows the GB definition. The term is defined differently elsewhere — see below.

Jurisdiction: GB Legal family: common law Authority: Employment Rights Act 1996, s.95(1)(c)

Usage

Resigning first and looking for the breach afterwards rarely succeeds. The breach must be the reason for leaving, and delay can defeat the claim.