PO Box 28287
Telephone: 0131 662 6988
Fax:0131 667 8175

23 Cramond Glebe Rd
Cramond Village
Telephone: 0131 336 1619

Free EnquiryWhat Is Constructive Dismissal?

Put extremely simply, constructive dismissal can occur when your employer acts in a way that pushes you to quit your job. This alone is not a complete description, as the phrase ‘act in a way’ must refer to a significant breach of contract.

If you have suffered constructive dismissal you may have experienced one large breach of contract, or many small breaches of contract that combine to become significant. You must be able to show that this breach of contract directly caused you to leave your job and that you did not agree to the change in contract in any way. The reason for leaving your job must be serious or it will not qualify as a breach of contract.

Examples of Constructive Dismissal

To illustrate the circumstances that may be termed ‘constructive dismissal’ here a few examples:-

  • Pay is withheld for no reason
  • Sudden demotion without reason
  • Working in dangerous conditions
  • Workplace bullying or harassment from colleagues
  • Unreasonable changes to contract – e.g. change of location of work, change from day shifts to night shifts – without your agreement

This is not an exclusive list and it is entirely possible that you may have had different experience of what you believe to be constructive dismissal. If you are in this position and are unsure whether you have been a victim of constructive dismissal you should contact one of our specialist employment solicitors today. Simply call 0131 662 6988 or fill in an online enquiry.

You should talk to your employer if you are unhappy with the changes they have made to your contract, or are having serious problems in the workplace. You may find that addressing the problems with them directly leads to a satisfactory resolution being reached before you have to take the matter further. Many employers have certain procedures which can be followed when their employees are unhappy, particularly in the case of workplace bullying. You may find that your employer was not even aware of the upset and stress that they have been causing you.

If no action is taken to solve the problems following your discussion with your employer and you find that you have a case for constructive dismissal you should leave your employment immediately. It is imperative that you take quick and decisive action on this matter as if you stay on in your role your employer may be able to build a case against you claiming that you accepted the changes that were made to your contract.

Need An Expert Employment Law Solicitor in Scotland?

Please call us on 0131 662 6988 or 0131 336 1619 or complete our online enquiry form.



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