Yes, being forced to resign can be considered constructive dismissal, which occurs when an employee feels that they have no choice but to resign due to their employer’s conduct. 

Constructive dismissal: arises when an employee resigns as a result of the employer creating a hostile or intolerable work environment. This can occur when the terms and conditions of employment are significantly changed, making it difficult for the employee to continue working.

For constructive dismissal to be valid, there typically needs to be evidence of:

• Severe changes in job duties, such as demotion or significant reductions in responsibilities without consent.
• Harassment or bullying that creates an unbearable work atmosphere.
• Other breaches of the employment contract, such as non-payment or late payment of wages.

Factors leading to constructive dismissal 

• If the employer engages in actions that severely affect an employee’s ability to work such as:
  • Unjustified disciplinary actions.
  • Verbal or physical abuse.
  • Significant changes in work hours or location without notice or agreement
• An employer may also face claims of constructive dismissal if they fail to address complaints raised by the employee or do not take appropriate action regarding workplace issues.
• An employee’s resignation under duress—such as threats of termination or negative consequences—can also contribute to a claim of constructive dismissal.