‘Constructive Dismissal – Practice Pointers and Principles’ by Benjimin Burgher


Paperback: 978-1-913715-38-0
Published: October 2020
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The aim of this book is to address some of the common mistakes made and misconceptions held by legal professionals when advancing or responding to constructive dismissal complaints.  Both the overlaps and important differences between constructive dismissal and constructive unfair dismissal are addressed by reference to relevant precedent illustrating the important principles.

It is hoped that legal professionals will benefit from the eclectic selection of relevant cases and key quotes alongside the important principles summarised in this book in order to be fully prepared to advance or defend constructive dismissal claims in courts and tribunals.


Benjimin Burgher qualified as a barrister in 1995 and is a CIArb accredited mediator. He is now a salaried Employment Judge based in London. He has significant experience of business dispute resolution relating to entitlements, rights, obligations and duties of company directors, partners, LLP members and senior employees. Between 2017 and 2019 he was employed as a Legal Consultant advising the Abu Dhabi Ministry of Justice on the development of labour law and practice and civil litigation processes. He has written numerous articles on employment and discrimination law and regularly provides training to judges and lawyers. He has also presented in the United Nations in Geneva on UAE labour law.


Chapter 1 – Definition
Chapter 2 – The Relevant Contract
Chapter 3 – Express Terms
Chapter 4 – Breach of Implied Term of Trust and Confidence
Chapter 5 – Disciplinary, Suspension and Grievance Procedures
Chapter 6 – Miscellaneous Breaches
Chapter 7 – Anticipatory Breach
Chapter 8 – The Final/Last Straw
Chapter 9 – Exceptions
Chapter 10 – Affirmation, Waiver, Election and Delay
Chapter 11 – Resignation and Knowledge of Breach
Chapter 12 – Constructive Unfair Dismissal
Chapter 13 – TUPE
Chapter 14 – Wrongful Dismissal and Post Termination Restrictions
Appendix A – Section 1 Employment Rights Act 1996
Appendix B – TUPE Regs (Extract)