When you want to resign from your job in response to your employer's behaviour or conduct then this may still count as a 'dismissal'. Make sure you follow the correct procedure when you want to resign from your job so that you have a better chance of being able to claim constructive dismissal. This constructive dismissal letter covers situations where the employee has taken independent legal advice.
When should I use a constructive dismissal letter?
Use this constructive dismissal resignation letter when you:
want to resign from your job
are resigning because of your employer's conduct or behaviour
feel you have no other option but to resign from your job
have taken independent legal advice about the consequences of resigning
What's included in a constructive dismissal letter?
This constructive dismissal resignation letter covers:
full details of yourself and your employer
the reasons for resigning including bullying and harassment, a reduction in pay, being demoted, allegations of poor performance and a failure to make reasonable adjustments for a disability
breakdown of the employment relationship which has resulted in your resignation
What's a constructive dismissal letter?
Constructive dismissal refers to a situation where an employee resigns directly as a result of a significant breach of their employment contract by their employer. This could be from bullying, sudden demotion, harassment, unreasonable working conditions, allegations of poor performance or misconduct or breach of health and safety laws. For further information, read Constructive dismissal.
A constructive dismissal letter is a formal notice to give to your employer notifying them of your resignation due to a breach of contract on their part.
Why do I need a constructive dismissal letter?
A constructive dismissal letter is necessary for the constructive dismissal process. It shows that you are not resigning voluntarily, but are considering yourself to be forcibly dismissed because of unreasonable behaviour from your employer. By resigning in this way, you may still be able to claim constructive dismissal. It's also important to avoid resigning before the actual breach of contract occurs as your employer could argue that there was no dismissal.
Why is there no effective date of termination?
When you want to resign from your job due to unreasonable behaviour from your employer, it's important to do so promptly and without any delay. If you resign after too much time has lapsed after the breach of contract, then you may lose your right to any constructive dismissal claim. By staying in your job, your employer can argue that you have accepted the conduct or treatment.
What does 'irrevocable breakdown of the employment relationship' mean?
This means that because of the way the employer has conducted themselves, the employment relationship has broken down to the point where it is impossible to put the parties back into the same position they were in before the breach of contract. For example, if an employer had failed to address issues of harassment or bullying in the workplace, the affected employee may feel that they can no longer work for that employer due to the breakdown of trust.
What does 'duty of trust and confidence' mean?
The duty of trust and confidence is an implied term of the employment contract where it is assumed that the employee can trust the employer to uphold their interests and provide a safe working environment. The employer must not conduct themselves in a way that is likely to destroy or damage the relationship with the employee. For further information, read Implied terms of employment contract.
Ask a lawyer for advice:
if any of the parties are based outside of England, Wales or Scotland
on how successful your claim of constructive dismissal is
if you are unsure about resigning
on the merits of your constructive dismissal claim
This constructive dismissal resignation letter is governed by the law of England and Wales or the law of Scotland (eg the Employment Rights Act 1996).