Can an employee claim unfair dismissal if he or she has resigned?

Resignation is deemed to be a dismissal in circumstances where an employee has resigned in response to his or her employer's breach of contract. This is classed as "constructive dismissal" and an employee can bring claims both for breach of contract and for unfair dismissal if he or she can show that the employer has committed a fundamental breach of contract.

If the resignation is in response to alleged discrimination because of a protected characteristic (eg age, disability or pregnancy), the employee may also seek to bring a claim under the Equality Act 2010.