You haven’t been fired. But it doesn’t feel like you’ve been allowed to stay, either. Your job has slowly become unbearable — tasks removed, hours cut, your manager avoiding eye contact, or maybe even a new policy that seems clearly targeted at you.
If you’ve been feeling pressured to resign, but nothing was said outright, you may be dealing with something called constructive dismissal — when an employer’s actions (or inaction) effectively push an employee to quit. It’s a legal grey area that can catch people off guard, especially when the pressure builds gradually rather than overnight.
So how do you spot the signs, and more importantly, what can you do about it?
What Exactly Is Constructive Dismissal?
Constructive dismissal happens when an employer creates a work environment so difficult, toxic, or unreasonable that a person feels they have no choice but to resign. It’s not always obvious — that’s what makes it so damaging.
Unlike being formally terminated, constructive dismissal flips the script: you resign, but only because staying became intolerable. In legal terms, it’s treated as though you were unfairly dismissed — meaning you may still be entitled to remedies under Australian employment law.
This kind of situation can include:
- Drastic changes to your duties without your agreement
- Unjustified pay cuts
- Ongoing bullying or harassment that isn’t addressed
- Being isolated from communication, meetings, or projects
- A toxic or unsafe environment that your employer refuses to fix
It’s not about one bad day or an annoying manager — it’s about patterns of behaviour that leave you feeling pushed out.
Red Flags That Deserve a Closer Look
Here are a few signs that could point to a situation that crosses the line:
1. You’re Being Set Up to Fail
Unrealistic targets, a lack of support, or suddenly being assigned tasks outside your role (with no guidance) can all be signs your employer wants you gone — but doesn’t want the paperwork.
2. Sudden Changes Without Consultation
Were your hours cut without explanation? Is your role being restructured in ways that make it impossible to do your job well? Major changes should involve you — not be used against you.
3. Toxic Culture With No Accountability
If you’ve raised concerns (bullying, unfair treatment, safety issues) and your employer does nothing, that’s not just frustrating — it could be part of a pattern that qualifies as constructive dismissal.
4. You’re Being Left Out
Being excluded from team meetings, decisions, or important communications can leave you isolated and unproductive. It’s a subtle but effective way to make someone feel irrelevant.
What You Can Do Right Now
If you think you’re being pushed out, resist the urge to quit immediately — even though that’s probably what your employer is hoping for. Here’s what to do first:
✅ Start Documenting
Write down everything: conversations, emails, meeting notes, changes to your job, and how they’ve affected you. Include dates, names, and specific examples. This creates a record in case you need to make a legal claim later.
✅ Raise the Issue Internally
It may feel pointless, but it’s important to show that you gave your employer a chance to address the situation.
Lodge a formal complaint or grievance with HR, and keep a copy for your records.
✅ Don’t Resign Without Advice
Quitting feels like relief in the moment, but it can limit your legal options. Before you resign, speak to a professional who can assess your situation. You might still be entitled to compensation or other remedies — but timing and process matter.
What Legal Help Can Offer
Employment lawyers aren’t just for dramatic courtroom scenes. In real life, they help regular people make sense of unfair treatment — and figure out what’s worth pursuing. In cases of constructive dismissal, they can:
- Tell you whether your experience meets the legal definition
- Help you approach HR or leadership with confidence
- Assist in negotiations if you’re offered a settlement
- Prepare a case for unfair dismissal if your resignation qualifies
- Ensure you don’t sign away your rights accidentally
Legal advice isn’t about being confrontational. It’s about being informed — and protecting your livelihood and mental health.
Don’t Let the Pressure Win
Being pushed out of a job is exhausting, confusing, and incredibly isolating. It can leave you doubting your instincts — or blaming yourself for a situation someone else created. But the truth is, no one should have to tolerate a job that becomes intentionally unbearable.
If the pressure to quit is mounting, you’re not imagining things — and you’re not powerless.
By understanding what constructive dismissal looks like, documenting everything, and getting advice before you walk away, you give yourself the best shot at moving forward on your terms — not theirs.
