This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A detailed guide to how workplace bullying can lead to constructive dismissal in England and Wales, explaining legal tests, employer obligations, evidence, time limits, tribunal claims, and practical steps for workers and employers.
Workplace bullying is a serious issue that can have profound effects on an employee's wellbeing and employment status. In certain situations, persistent bullying - especially where an employer fails to address it - may amount to a fundamental breach of the employment contract and can form the basis of a constructive dismissal claim in the employment tribunal. This article explains the legal principles, how a bullying‑related constructive dismissal claim can arise, what employers and employees should consider, and how such claims are processed.
Bullying and Constructive Dismissal
There is no specific statutory cause of action for “bullying” under UK employment law. However, where bullying is severe and persistent, it can lead to other legal consequences, including constructive dismissal, discrimination claims (if linked to a protected characteristic), and health and safety complaints. Constructive dismissal occurs when an employee resigns because their employer's conduct has fundamentally breached the contract of employment, making continued employment untenable.
What Is Workplace Bullying?
Workplace bullying broadly refers to repeated, unreasonable behaviour directed at an individual or group that creates a risk to health and safety. This can include actions such as humiliation, spreading rumours, exclusion, undermining work performance, persistent criticism, aggressive behaviour, or other behaviour that a reasonable person would regard as bullying.
Bullying might also be linked to unlawful discrimination if it relates to a protected characteristic such as age, race, sex, or disability under the Equality Act 2010. Harassment in these circumstances may give rise to additional tribunal claims separate from constructive dismissal.
Constructive Dismissal: Legal Principles
The Implied Term of Trust and Confidence
Every employment contract contains an implied term of mutual trust and confidence, meaning employers and employees must not, without reasonable and proper cause, act in a manner likely to destroy or seriously damage the employment relationship. Persistent bullying by a manager or colleague - particularly when the employer does nothing to stop it - can amount to a breach of this implied term.
The Breach of Contract Test
For a constructive dismissal claim to succeed, an employee must show:
- A fundamental breach of contract by the employer;
- The breach must be repudiatory (so serious that it goes to the root of the contract);
- The employee resigned in response to that breach without undue delay.
Case law such as Western Excavating (ECC) Ltd v Sharp sets out this test, and subsequent decisions like Horkulak v Cantor Fitzgerald International have confirmed that campaigns of bullying, harassment, and intimidation can constitute repudiatory breaches.
When Bullying Can Found a Constructive Dismissal Claim
Employer Failure to Address Complaints
If an employee reports serious bullying through internal procedures or otherwise, and the employer fails to take reasonable steps to investigate and resolve the issue, this inaction may itself become a breach of contract. An employee may reasonably conclude that the employer has abandoned the mutual trust and confidence essential to the employment relationship.
For example, in cases reported in legal commentary, tribunals have upheld constructive dismissal claims where managers ignored persistent exclusion and belittlement, and the employer failed to rectify the hostile environment.
Persistent or Severe Conduct
Bullying does not have to be physical or extreme in obvious ways. Repeated belittling, isolation, undermining, or even persistent non‑verbal conduct (such as eye‑rolling or deliberate exclusion) can contribute to a hostile environment that may support a constructive dismissal claim if other conditions are met. Employment tribunals have recognised such behaviour as part of breaches of trust and confidence.
Internal Procedures and Evidence
Grievances and Complaint Procedures
Employees considering constructive dismissal should follow internal grievance procedures where feasible before resigning. Raising a formal grievance not only gives the employer a chance to address the issue, but also builds a documented record of concerns and responses, which can help in a tribunal claim.
Keeping Records
Documenting instances of bullying - dates, times, locations, witnesses, emails and the outcome of complaints - strengthens factual evidence. Tribunals assess whether the employer's conduct constituted a breach of contract based on both the quality and consistency of such evidence.
Practical Steps Before Resignation
Resigning and claiming constructive dismissal is a significant step that carries risk because an employee's claim depends on proving that the employer's conduct was unacceptable and that resignation was a reasonable response.
Before resigning, employees should consider:
- Raising grievances formally and engaging with the employer's procedures;
- Seeking advice from Acas, a trade union, or legal adviser;
- Assessing whether other claims (e.g. discrimination) might also apply;
- Ensuring that resignation is prompt after the breach, as delay can weaken the claim;
- Notifying Acas for early conciliation to protect tribunal rights and pause time limits before filing a claim.
Time Limits and Tribunal Claims
Constructive dismissal claims must generally be presented to an employment tribunal within three months less one day from the date of resignation. Also, prospective claimants must notify Acas and engage in early conciliation before submitting the tribunal application. Missing these deadlines can result in the tribunal refusing to hear the case.
Employees usually need at least two years' continuous service to bring an ordinary constructive dismissal claim, although there are exceptions where the breach amounts to other automatically unfair conduct (e.g. related to discrimination).
Remedies and Possible Compensation
If a tribunal finds that an employee was constructively dismissed due to bullying, remedies may include:
- A basic award, calculated similarly to a statutory redundancy payment;
- A compensatory award for financial losses, such as lost earnings and future income (subject to statutory caps);
- Possible compensation uplift if the employer failed to follow the Acas Code of Practice on grievances and disciplinary procedures.
In addition, if the bullying also involves unlawful discrimination, separate claims under the Equality Act 2010 may allow for awards including injury to feelings damages.
Common Questions About Bullying and Constructive Dismissal
Is bullying alone enough for a claim?
Not usually. Bullying must be shown to involve a fundamental breach of contract which leaves the employee no reasonable option but to resign. Tribunals assess the severity, frequency and employer response.
What if the bullying is from a colleague, not a manager?
Employers can be liable if they knew or ought to have known about the conduct and failed to take reasonable action to prevent it.
Do I have to resign immediately?
There should not be an undue delay between the breach and resignation. Excessive delay can weaken a constructive dismissal claim because it may suggest acceptance of the situation rather than genuine intolerability.
Key Takeaways
Workplace bullying that is persistent, severe, or ignored by an employer can, in some circumstances, amount to a constructive dismissal when it fundamentally breaches the employment contract and destroys mutual trust and confidence. Employees should document conduct, raise grievances, and engage in internal procedures where possible before resigning. Claims must be lodged within strict time limits and usually require at least two years' continuous service. Constructive dismissal claims are challenging and fact‑specific, but where bullying has created a harmful or intolerable working environment and the employer has failed to act, a tribunal may find in favour of the claimant and award compensation.
