Employees who resign due to a fundamental breach of the employment contract should make this clear at the time of their resignation.
In general, employees need to lodge a claim of constructive dismissal within 3 months of the effective date of termination of employment. To prove that a dismissal occurred, the employee would provide evidence that they were constructively dismissed. Furthermore, they should have worked for a minimum of 2 years for a constructive unfair dismissal claim. There are some exceptions to the ‘qualifying service’ rule, for example where the dismissal was related to maternity leave or whistleblowing.