For some, the working day begins with purpose and routine. For others, it begins with dread. The thought of walking into the office – facing yet another meeting, another remark, another subtle exclusion – can feel unbearable. This is the reality of workplace bullying: often quiet, sometimes visible, but always corrosive.
Despite decades of workplace policy reform, bullying remains embedded in the culture of many UK organisations, often hidden behind professional language or poor management practices – a reality confirmed by growing research linking it to serious mental and physical health consequences.
Research by the University of Portsmouth (2024), published in BMC Public Health, found that adults who experience workplace bullying or harassment are two to three times more likely to develop common mental health disorders, including anxiety and depression.
And these effects are not fleeting. They often persist long after the bullying stops, impacting self-esteem, relationships, and even physical health.
The Chartered Institute of Personnel and Development (CIPD) has echoed these findings, reporting that workplace conflict, including bullying and harassment, is “a significant driver of stress-related absence” and a key factor in declining engagement and productivity across UK organisations.
Behind the statistics and research lie stories of people who dread Monday mornings, who start to question their competence, or who spend their commutes rehearsing how to handle yet another confrontation. For some, the behaviour becomes so intolerable that resignation feels like the only escape.
In legal terms, that’s where the concept of constructive dismissal arises – when an employee’s resignation isn’t truly voluntary, but a direct response to their employer’s conduct.
Understanding Constructive Dismissal
When a workplace becomes toxic, walking away can feel like the only option. But for some employees, that decision isn’t just emotional, it’s legal.
Under the Employment Rights Act 1996, an employee may bring a claim for constructive dismissal if they resign because their employer’s behaviour has fundamentally breached the terms of their contract.
At its core, constructive dismissal recognises that sometimes a resignation isn’t truly voluntary, it’s a last resort. The employer’s conduct must have made it impossible for the employee to continue in their role without compromising their dignity or wellbeing. To successfully claim constructive dismissal, an employee must establish the following:
- A serious breach of contract: This could be a breach of an express term, such as non-payment of wages, or an implied term, such as the duty of mutual trust and confidence between employer and employee.
- Causation: The breach must be the main reason for the employee’s resignation. The employee must show that they left in direct response to the employer’s behaviour, not for other unrelated reasons.
- Prompt resignation: The resignation must occur soon after the breach. Waiting too long may suggest that the employee accepted the situation, weakening the claim.
Constructive dismissal cases are complex and emotionally charged, but they exist to protect one of the most fundamental principles in employment law: that no one should be forced to endure behaviour so intolerable it drives them out of their job.
When Bullying Crosses the Line
Workplace bullying can sit at the heart of a constructive dismissal claim. While it may not always be overt, its effects can be devastating – eroding confidence, creating anxiety, and undermining trust between colleagues.
According to the Advisory, Conciliation and Arbitration Service (Acas), bullying “can make working life miserable,” leading to stress, loss of self-esteem, and long-term sickness absence. In its guidance, Acas warns that severe or persistent bullying can amount to a breach of trust and confidence, forming the basis of a constructive dismissal claim.
Bullying can take many forms, including:
- Verbal abuse: Insults, derogatory remarks, or shouting.
- Exclusion: Deliberately excluding an employee from meetings or social events.
- Unreasonable criticism: Persistent and unjustified criticism of an employee’s work.
- Intimidation: Threats, humiliation, or behaviour designed to cause fear.
Examples of Workplace Bullying Leading to Constructive Dismissal
Take, for example, an employee repeatedly ridiculed by their manager in front of colleagues. Over time, their mental health deteriorates, they raise a complaint, and nothing changes. Or another who is systematically excluded from projects, denied opportunities and left feeling invisible.
When employers fail to act, the law may interpret that silence as complicity, and that can tip the balance from mistreatment to constructive dismissal.
Examples of cases where this took place include:
- G Mobbs v Weetabix Ltd (2020) – In this case, the Employment Tribunal found that a former Health, Safety and Environment Manager had been constructively dismissed after experiencing persistent bullying and humiliating treatment from his line manager. Although he raised a grievance in 2019 about the manager’s intimidating behaviour, the investigation found no fault and the manager was later promoted. Feeling unsupported, and that his concerns had been dismissed, Mr Mobbs resigned in June 2020.
- S Hamilton v Epsom and St Helier University Hospitals NHS Trust (2022) – Here, an NHS nurse who was deliberately left out of a tea round by a colleague who said “I don’t like you,” was awarded £41,000 after the tribunal found she had been constructively and unfairly dismissed by her former employer. She endured years of bullying and exclusion following a 2018 disagreement, despite mediation and her attempts to repair the working relationship. Disappointed by management, she resigned in January 2022. The tribunal concluded that the Trust had failed to protect her, breaching the implied term of trust and confidence.
- W Vaughan v Talbot Underwriting Services Ltd (2019) – Here, an employee working in finance resigned due to ongoing bullying and unfair treatment by senior management. Despite a grievance against his manager being upheld, he faced excessive workloads, passive-aggressive behaviour and a wrongfully applied capability process aimed at managing him out. The tribunal found that these actions collectively breached the implied term of trust and confidence in his contract, amounting to constructive dismissal.
The cases above demonstrate how bullying at work, in its various forms, can push employees to breaking point. A common theme we see in each case is the mishandling of internal processes, whether grievance procedures or mediation.
This illustrates that tribunals recognise that workplace conflict is inevitable, but where such conflict is persistent and poorly or unfairly managed, it can break the trust and confidence expected in employment relationships.
Employers must exercise caution to ensure their response to such complaints cannot be interpreted as condoning or overlooking such behaviour.
Practical Advice for Individuals Considering a Claim
If you believe the behaviour you’re facing could amount to constructive dismissal, there are steps you can take – both to protect your position and to seek resolution wherever possible.
- Document everything: Keep detailed notes of what has happened – dates, times, witnesses, and any written communications. Clear records provide a vital foundation for any potential claim or internal investigation.
- Report the bullying: Follow your employer’s grievance procedure and raise the issue formally. This demonstrates that you’ve given your employer the chance to address the behaviour. According to Citizens Advice, if your employer allows bullying or harassment to continue unchecked, you may have grounds for a constructive dismissal claim.
- Seek legal advice early: Constructive dismissal claims can be complex and emotionally demanding. A solicitor specialising in employment law can help you assess the strength of your case, gather evidence, and guide you through the process. Timing is crucial. Claims must usually be made within three months of your resignation.
- Explore alternatives before resigning: If possible, consider mediation, internal transfers, or support from occupational health. These options may provide resolution without ending your employment. But remember, if the situation is intolerable, the law recognises that leaving may be the only viable choice. For tailored advice and support, get in touch today on 01869 325 883.
Moving Forward: Restoring Dignity at Work
Bullying may start with words, gestures, or subtle exclusions, but left unchallenged, it chips away at the very foundations of trust in the workplace. For employees, it can mean anxiety, isolation, and a fractured sense of self-worth. For employers, it can mean legal risk, reputational damage, and loss of talent.
Workplaces built on respect and accountability don’t just comply with the law; they create environments where people thrive. Addressing bullying early, and responding with empathy rather than avoidance, isn’t just the right thing to do morally; it’s good employment practice.
Get Expert Support from Magara Law
If you’re experiencing bullying or believe your situation could amount to constructive dismissal, you don’t have to face it alone.
At Magara Law, our solicitors specialise in employment law and workplace disputes, offering both clarity and compassion when you need it most.
We’ll help you understand your rights, explore your options and take action with confidence – whether that means addressing the issue internally or pursuing a claim.
Speak to one of our employment law specialists today to discuss your situation in confidence and take the first step toward restoring dignity, trust and fairness at work.