Unfair dismissal vs constructive dismissal: what's the difference?

Both claims end up in the same place — an employment tribunal — but they start from opposite directions.

Unfair dismissal

Your employer dismissed you, and you're arguing they didn't have a fair reason, or didn't follow a fair process, or both. You generally need at least two years' continuous employment to bring this claim (with some exceptions, such as dismissals related to whistleblowing or discrimination, which have no minimum service requirement).

Constructive dismissal

You resigned — but you're arguing your employer's conduct left you no real choice. To succeed, you typically need to show:

• Your employer committed a serious breach of contract (often the "implied term of trust and confidence")
• You resigned because of that breach, not for an unrelated reason
• You didn't wait so long that you're treated as having accepted the breach

Why the distinction matters

In a straightforward unfair dismissal claim, the employer usually has to justify the dismissal. In a constructive dismissal claim, the burden starts more with you — you have to establish the breach happened before the employer even has to answer for it.

If you're thinking about resigning over how you've been treated, get everything in writing first — the grievance you raised, the response you got, and the date you actually left. Timing is often the deciding factor.

This is general information, not legal advice.