Constructive Dismissal Estimator
Assess your situation and estimate potential compensation for 2026
Common Questions
Why is constructive dismissal harder to prove?
Unlike unfair dismissal, where the employer has to justify firing you, in constructive dismissal, the burden of proof is on YOU. You must prove that the employer's conduct was so bad that it made your continued employment impossible.
Should I raise a grievance first?
Yes, usually. Failing to raise a grievance before resigning can result in a Tribunal reducing your compensation by up to 25%. It also gives the employer a chance to fix the issue.
What is "affirmation"?
Affirmation is when you continue to work as normal despite a breach of contract. By doing so, you are legally "affirming" the contract—meaning you've accepted the change or the breach. This is why resigning "in response to the breach" must happen quickly.
Answer the questions to get your probability score and award estimate.
2026 Award Caps
- Basic Award Max: £22,530
- Compensatory Max: £123,543
- Weekly Pay Cap: £751
Can I Sue for Constructive Dismissal in 2026?
Constructive unfair dismissal is one of the most complex areas of UK employment law. Unlike a standard unfair dismissal, where your employer tells you that you're fired, a constructive dismissal occurs when you choose to resign because your employer's conduct has made it impossible for you to stay. This is legally known as a "repudiatory breach" of the contract of employment.
In 2026, the statutory caps for compensation reached new highs, but the legal hurdles remain the same. To win a claim, you must demonstrate three things: that there was a fundamental breach of contract by your employer, that you resigned because of that breach, and that you did not wait too long before resigning (which could be seen as "affirming" the breach).
What Counts as a Fundamental Breach?
A fundamental breach isn't just a minor disagreement or a bad performance review. It must go to the very heart of the employment relationship. Examples include: a sudden, unexplained cut in pay; being bullied or harassed and having your grievances ignored; being demoted without reason; or being forced to work in unsafe conditions. The "last straw" doctrine also allows you to claim if a series of smaller incidents, when taken together, constitute a breach of the implied term of "trust and confidence".
Because you are the one who has to prove the case, evidence is vital. Keep a diary of incidents, save emails, and always raise a formal grievance before you resign. If you don't raise a grievance, the Employment Tribunal can reduce any compensation you win by up to 25% under the ACAS Code of Practice.