Can I Claim Constructive Dismissal if I’m Being Discriminated Against at Work?

Feeling that you have been pushed to the point where resigning seems like your only realistic option is very frustrating. If discrimination is making your working life unbearable, you may be wondering whether you can leave and make a constructive dismissal claim.

What is constructive dismissal?

Constructive dismissal can happen when an employer seriously breaches your employment contract and you resign because of that breach. Put simply, your employer makes the job impossible to keep, leaving you with no real choice but to leave. This can happen due to many different reasons, one of them being workplace discrimination.

However, constructive dismissal claims can be notoriously difficult. Resigning is a significant decision, so getting advice before handing in your notice can be particularly important.

Is what I am experiencing workplace discrimination?

Discrimination isnt always obvious and may not be openly making an offensive comment about you. It can include being treated less favourably, excluded from opportunities or placed at a disadvantage because of a particular characteristic.

The Equality Act 2010 protects people because of age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

For example, perhaps colleagues of a different age are repeatedly offered opportunities you are denied. You might return from maternity leave to find your responsibilities have disappeared. Or comments dismissed as “banter” may actually relate to your race, sexuality or another protected characteristic.

Discrimination doesn’t have to happen repeatedly, one incident may be serious enough depending on what happened.

Learn more about the difference between workplace discrimination and general unfair treatment here.

If you are questioning whether your experience amounts to discrimination, you don’t need to work it out alone. Confidential legal advice can help you understand what has happened and what your options may be.

Can I get compensation?

If you successfully bring a discrimination claim, compensation can include financial losses such as lost earnings. It can also include compensation for the impact the discrimination has had on your feelings.

Depending on the circumstances, resigning because of discrimination could also lead to a constructive dismissal claim.

These are different legal claims and the rules surrounding them are not identical. For example, discrimination claims do not require you to have worked for your employer for a particular length of time.

How much compensation could I receive?

There is no standard constructive dismissal or discrimination payout. Of course, it depends on your situation. These situations are often complex and can involve different people and competing versions of events.

The amount will depend on your individual circumstances, including your earnings, what happened, whether you have lost income and the effect the discrimination has had on you. For discrimination claims, tribunals can award compensation for injury to feelings. Current guidelines divide these awards into three broad bands. For claims made from 6 April 2026:

• £1,300 to £12,600 may apply to less serious cases.
• £12,600 to £37,700 may apply where the discrimination is more serious or has continued over time.
• £37,700 to £62,900 is generally reserved for the most serious cases. Exceptional cases can be higher.

Should I resign?

Where possible, we recommend obtaining legal advice first.

You can deal with a workplace complaint yourself, however, resigning can change your position significantly. There are also strict Employment Tribunal deadlines, and the way you raise a grievance or explain your resignation may later become important.

You may only get one opportunity to handle those decisions correctly.

If you believe discrimination has made your position at work untenable, speak to Jon Heath and our employment team before making your next move. We can listen to what has happened and advise you how best to protect your position.

Email enquiries@jrlevins.co.uk or call the relevant number below:

Merseyside: 0151 480 5777
Widnes: 0151 423 3661
Runcorn: 01928 711119