Constructive Dismissal
Forced Out of Your Job?
Constructive dismissal is where your employer's conduct becomes so unreasonable, or breaches your contract so seriously, that you are left with no real choice but to resign. The law treats that resignation as a dismissal - but unlike ordinary unfair dismissal, the burden of proof is on you to show your resignation was justified. That makes what you do before resigning critical to your claim.
You may have a claim if any of the following apply:
- Your pay, role, or hours were cut or changed significantly without your agreement
- You are being bullied, undermined or humiliated and your complaints have gone nowhere
- You raised a formal grievance and your employer ignored it or failed to follow its own procedures
- You are being pressured to resign, or set up to fail with impossible targets or duties
- You have already resigned because the situation became intolerable
If you have not yet resigned, get advice first - resigning without exhausting your options can seriously weaken your claim. Time limits of 6 months apply from the date of resignation.
What You May Be Entitled To
A successful constructive dismissal claim carries the same remedies as unfair dismissal - compensation of up to 2 years' remuneration based on your financial loss. Because the burden of proof rests on you, these cases turn on preparation: showing you used the grievance procedure, gave your employer the chance to fix the problem, and resigned only when no reasonable alternative remained. Done right, well-founded claims settle - most without a hearing.
Constructive Dismissal Solicitor Dublin
Expert legal advice on constructive dismissal claims under Irish employment law.
If your employer’s conduct has left you with no choice but to resign, our Dublin-based employment solicitors can assess your claim and guide you through the process.
Constructive dismissal occurs where an employee terminates their contract due to the conduct of their employer. The burden of proof rests with the employee, making it essential to build a strong case before taking the step to resign. Two key legal tests apply, the contract test and the reasonableness test.
Our Process
1. Assess Your Situation
We review the facts to determine whether your employer’s conduct meets the legal threshold for constructive dismissal under the contract test, the reasonableness test, or both.
2. Exhaust Internal Procedures
Before resigning, it is critical to use your employer’s grievance procedure. Failure to do so is one of the most common reasons constructive dismissal claims fail at the WRC.
3. Build Your Case
We help you document the employer’s conduct, identify the correct legal test, and ensure the evidence supports your claim before any resignation takes place.
4. Bring Your Claim
If your employer fails to address the issue, we submit your claim to the Workplace Relations Commission and represent you through the adjudication process.
Evaluate & Improvement
A constructive dismissal claim requires proof that the employer’s behaviour was either a fundamental breach of the employment contract or so unreasonable that the employee could not be expected to continue working.
The Supreme Court in Berber v Dunnes Stores held that the employer’s conduct must be unreasonable and without proper cause, judged objectively and sensibly.
The WRC and Labour Court have consistently held that employees must exhaust internal grievance procedures before resigning.
Resigning without doing so, even where genuine grievances exist, will typically prove fatal to a claim.
The only exception is where the employee can demonstrate that the grievance process itself was unfair or inadequate.
THE CONTRACT TEST
Did the employer breach an essential term going to the root of the contract, such that the employee was entitled to treat themselves as discharged?
THE REASONABLENESS TEST
Did the employer conduct their affairs so unreasonably that the employee could not fairly be expected to put up with it any longer?
THE EMPLOYEE'S DUTY
Has the employee acted reasonably, exhausted grievance procedures, and given the employer an opportunity to address the issue before resigning?
Frequently Asked Questions
Assess Your Situation
- Constructive dismissal is defined under Section 1 of the Unfair Dismissals Act
- No minimum service period is required to bring a claim
- The burden of proof rests entirely with the employee
Exhaust Internal Procedures
- Failure to use the grievance procedure is the most common reason claims fail
- The employee must give the employer a genuine opportunity to address the issue
- Resigning before exhausting procedures will undermine even strong cases
Build Your Case
- Identify whether the claim falls under the contract test, reasonableness test, or both
- A single incident can be sufficient if it fundamentally breaches trust and confidence
- Covert surveillance, discriminatory treatment, and serious safety failures have all grounded successful claims
Bring Your Claim
- Claims are brought to the Workplace Relations Commission
- The WRC will examine the conduct of both parties
- Events occurring after resignation cannot be relied upon to justify it
- Expert legal representation significantly strengthens your prospects
Do You Have a Case?
90% of our clients' claims succeed. Get a straight answer on where you stand.
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Straight answers, in three steps
Most people have never needed a solicitor before. Here is exactly what happens when you contact us.
Tell Us What Happened
Send the form or call us. We listen, ask the right questions, and give you a straight answer on whether you have a case worth pursuing.
Agree The Plan Of Action
We set out exactly how your case will run and what to expect at each stage, all agreed in writing before anything begins. WRC claims usually must be lodged within six months, so we move quickly.
We Pursue Your Claim
Negotiation first, then the WRC, Labour Court or civil courts if needed. Most of our clients settle without ever facing a hearing.