Expert Employment Law Solicitors for Employees

Forced to Resign? You May Have a Claim.

If your employer's actions have left you with no choice but to leave your job, you may be a victim of Constructive Dismissal. Our SRA-regulated solicitors can provide urgent, expert advice on your legal rights and options.

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This guidance is for employees. If you are an employer seeking advice, please visit our dedicated page.

What is Constructive Dismissal?

Constructive dismissal is when an employee is forced to resign against their will because of their employer's conduct. To have a claim, you must prove that your employer has committed a serious breach of your employment contract, leaving you with no other choice but to leave.

Common Grounds for a Claim

A serious breach can be a one-off incident or the final straw in a series of events. Examples include:

Unilaterally cutting your pay or changing your role.
Failing to deal with bullying or harassment from colleagues.
Demoting you without good reason.
Failing to provide a safe working environment.
Imposing unreasonable changes to your hours or location.

Do NOT Resign Without Legal Advice

Constructive dismissal claims are complex and have a high legal bar to meet. If you resign and your claim fails, you could be left without a job and without compensation. Our solicitors can assess your situation and provide a clear, honest opinion on the strength of your potential claim **before** you take any action.

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Real UK Case Study: The "Last Straw" Doctrine

Kaur v Leeds Teaching Hospitals NHS Trust [2018]

The Situation: An employee was involved in an altercation with a colleague. The employer's investigation was flawed and they issued her with a final written warning, which she felt was unfair. This was the "last straw" after a history of other issues.

The Outcome: The Court of Appeal agreed that even if the final incident is not a serious breach on its own, it can be the "last straw" that revives a series of previous breaches by the employer, entitling the employee to resign and claim constructive dismissal.

What this means for you: You do not need to rely on a single major incident. A pattern of unreasonable behaviour by your employer can be enough to justify your resignation. We can help you build a timeline of events to construct the strongest possible case.

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Your Questions About Negotiating a Settlement

The Negotiation Process

How does the negotiation process start?

It begins with our review of your agreement. We then discuss with you what a fair outcome looks like. If you agree, we will contact your employer's representative on a "without prejudice" basis to formally open negotiations and present a counter-offer on your behalf.

Should I talk to my employer myself first?

While you can, it is often better to have a solicitor negotiate for you. We can argue the legal merits of your case dispassionately and professionally, which often leads to a better outcome than emotional, direct conversations.

What if my employer refuses to negotiate?

If your employer makes a final offer and refuses to negotiate further, we will give you clear advice on your options. This will involve assessing the strength of any potential claims you have (like Employment Tribunal action) versus the certainty of the offer on the table, so you can make an informed decision.

How long does the negotiation process take?

This can vary. A straightforward negotiation might be resolved with a few emails over a couple of days. More complex negotiations can take a week or two. Our 24-hour review service ensures we can start the process for you without any delay.

Costs & Legal Fees

Who pays the legal fees?

For the initial independent legal advice, your employer will almost always make a contribution to your legal fees, which often covers our entire cost. If you instruct us to carry out further, extensive negotiations, we will provide you with a clear, fixed-fee quote for that extra work before proceeding.

Will I have to pay if you negotiate a higher amount?

We will agree a fixed fee with you for any negotiation work. This fee does not change based on the final settlement amount. We do not offer 'No Win No Fee' agreements; our goal is simply to secure the best possible outcome for you based on our expert advice.

What if the employer's contribution is not enough?

In most cases, the employer's contribution is sufficient for a straightforward review and sign-off. If significant negotiation is required, we will discuss our fixed fees for that work with you. Often, we can persuade the employer to increase their fee contribution as part of the final settlement.

Are there any hidden costs?

No. We are committed to price transparency. All our fees will be clearly explained and agreed with you in writing before we undertake any work on your behalf, so you will have complete certainty and no surprises.

Don't Settle for the First Offer.

Let our expert solicitors review your agreement and negotiate to secure the fair and favourable terms you deserve. Protect your rights and your future.

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