Constructive Dismissal Resignation Letter
When an employee believes that their employer has committed a serious breach of contract and that this has made it impossible for them to continue working with the company, they may feel they have no choice but to resign in protest. In these circumstances it is important that they carefully draft a resignation letter to ensure that their legal rights are protected.
The wording used in a constructive dismissal resignation letter should be clear and concise. It is important that it makes clear that the reason for leaving is because of a fundamental breach of either an express term within their contract or an implied term of mutual trust and confidence (ie the ‘implied’ terms). The letter should also state that as a result of this breach the employee considers their position at work to have become untenable and they therefore have no choice but to resign.
Ideally, it is also helpful to include a clear statement that the employee was previously working under protest and/or that they are reserving their legal right to bring a claim for constructive dismissal. This can help to protect an employee’s legal rights as it can be argued that by resigning without bringing a claim the employee has implicitly accepted the change or breach complained of and therefore waived their right to do so.
How to Write a Constructive Dismissal Resignation Letter
In addition to outlining the reasons for leaving it can be helpful to use a constructive dismissal resignation letter as an opportunity to deal with any practical issues that need to be resolved, such as rearranging final pay and expenses or returning company property. This can help to avoid the need for a separate email or phone call and may be more convenient for the employer.
It is often appropriate to resign with immediate effect from the date of the letter, although care must be taken as to whether this can be seen to be waiving any breach and/or a waiver of the right to bring a claim. It is often better to state that the resignation is with immediate effect if there was a significant delay between raising a grievance and tendering the letter, particularly where the employee has stated they are reserving their right to bring a claim and/or were working under protest.
Typically, the letter should be addressed to the employee’s line manager, with a copy sent to their manager’s manager and/or HR to ensure that all parties are aware of the issue. It is also advisable to retain a copy of the letter for future reference. The template provided below is designed to be a starting point and should be carefully reviewed by a lawyer to ensure it meets the specific requirements of each case. Click Ask a lawyer to discuss your specific needs with a qualified, experienced lawyer. Our service is confidential, free and easy to use.