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If I claim constructive dismissal, what do I have to prove?
Constructive dismissal can be very difficult to prove. You should be very careful about resigning if you want to be able to claim unfair dismissal afterwards. See What if I walk out because I can't stand it? for some of the main reasons why you should be very wary of bringing this kind of claim.
- Breach of an express term in your contract, e.g. failure to follow an anti-harassment or anti-bullying procedure requiring your employer to carry out a proper investigation, or breaking the agreed guidelines in other ways; and
- Breach of a term implied in your contract. Implied terms include:
- your employer's statutory duty to take reasonable steps to protect the health, safety and welfare of employees, under the Health and Safety at Work Act 1974 (HASAWA).This includes the provision of a safe place of work; and
- common-law duties, including the duty of care, and the duty of mutual trust and confidence. Here, your employer has an obligation to ensure that you are not intimidated or humiliated, and are treated with dignity at work. They must deal with your complaint fairly and seriously.