It is clear that if an employer does something in relation to an employee which is so bad that it amounts to a fundamental breach of the employee's contract then the employee can be entitled to resign and claim "constructive dismissal" (see notes at Constructive dismissal/a general note ). The employee is in those circumstances likely to be able to bring an unfair dismissal claim under Employment Rights Act 1996.

However if the employer's act or action was an unlawful act of discrimination it is not always entirely clear whether the employee can bring a claim under the anti-discrimination acts.

In short outline the position is that if the act or action complained of is an act of sex discrimination the employee can bring a constructive dismissal claim under the Sex Discrimination Act 1975 because that Act specific provides that he can do so. However there is no equivalent provision in the Race Relations Act 1976 or the Disability Discrimination Act 1995. Case law has now established that nevertheless "dismissal" includes constructive dismissal for the purposes of the Race Relations Act 1976 and the Disability Discrimination Act 1995.

For notes on the Equality Act, in force from 1st October 2010 go to our sister website on the Equality Act 2010 at www.equalityact.co.uk.

See also notes at Discrimination and/or at Constructive dismissal generally.