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Has anyone won a constructive dismissal claim after returning from maternity leave?

4 replies

TropicalOwl · 06/08/2026 11:01

Has anyone taken their employer to court for constructive dismissal and won?
Since returning to work from maternity my company has been in a free fall, half my team have quit and I've been left to pick up the slack without support. Multiple managers have quit and now my new manager is putting me on a performance review which I believe is just to try to manage me out of the business. I've had no former warning of poor performance or issues with previous managers.
But I am struggling to have confidence that taking them to court will prove anything, and wondering if I have to wait to be fired to actually fight it.

OP posts:
Iwannachangerealbad · 06/08/2026 12:30

Hi I am not sure about the constructive dismissal
thing but if you’ve had no previous problems with performance I’d submit a grievance with examples. It might spark a without prejudice agreement and get out the damn place before you reach burnout! I was in a company that put people on performance reviews to get them out! The grievance route worked for my colleague. I was eventually made redundant.

WimbleOfWombledon · 06/08/2026 12:35

Constructive dismissal claims are difficult to win. You basically need to evidence that you had no option but to resign. So I’d also suggest raising a formal grievance to show that you tried this route to resolve your concerns first.

Maddy70 · 06/08/2026 12:38

Are you in a union. If not join one quickly

Nimblethimble · 10/08/2026 04:15

Union rep here.

You have to follow your work's complaints policy before anything else, so definitely grievance.

But be warned, it is a stressful situation and unlikely to succeed.

The fact you are on an improvement plan is indicative they have something that shows you are not doing well (whether you are or not isn't really the point - but it sounds like they would be able to show you aren't).

Could you try to pass the improvement plan? Is it SMART?

If not, that's where I'd start by ensuring I could at least succeed in that.

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