There are so many things to be considered prior to making a constructive dismissal claim and this consideration cuts across the two parties of the employee and employer. They include
Did the employer act in such a way as to breach the terms of contract: for a claim in constructive dismissal to be valid, it has to begin with the breach of contract of agreement by the employer. The court would ask the question of was the employer’s action so fundamental that it did breach the terms of contract? If this can be proved, then there is a valid constructive dismissal claim.
Did the employee intend to terminate his contract of employment: the court would most time ask if the employee all along had the intent to release himself from any obligation of such contract. If this is the case, then it won’t be a case of constructive dismissal because the termination was voluntary. Constructive dismissal claim needs to be in response to the employer’s breach of very fundamental terms of contract.
The last tip to consider is, did the employee resign as a result of such breach? If this is so, then a constructive dismissal claim is established and the employee would most likely succeed.