Constructive Dismissal Resignation Letter
It can be a difficult decision to leave a job, especially when you feel your employer has broken your contract of employment. If you decide to resign from your position and bring an action against your former employer for constructive dismissal, it is important that your resignation letter clearly sets out the reasons why you are leaving, in order to provide evidence to support your claim in the event of a tribunal hearing.
The letter should start by providing details of the employee and their employer. Then it should state that the employee is resigning from their position due to the employer’s conduct, and that they believe this constitutes constructive dismissal. It can then go on to list the specific instances of the employer’s actions or inaction which led to this conclusion, although it should be kept factual and avoid any overly emotive language. It is also important to include the date on which the letter is being sent, in order to give the employer notice that their position is untenable from this point.
When writing a constructive dismissal resignation letter, it is important to be clear and concise. While you may be feeling a wide range of emotions about your situation, it is crucial that you keep this to yourself and do not let your frustrations spill over into the letter. It is important to remember that this document needs to be a professional one and that your employer may read it. It will form part of your case if you bring an action in the tribunal, so it is important that it is error free and professional.
How to Write a Constructive Dismissal Resignation Letter
You should then go on to explain why the employer’s conduct is a breach of your contract of employment, and in particular whether it is a fundamental breach of an express or implied term. For example, if your employer breaches an express term by refusing to pay you the wages that are set out in your contract, then this will be a fundamental breach. If your employer imposes a reduction in your wages, but does so by reference to an anticipated breach of the contract, or a breach of trust and confidence, then this will also be a fundamental breach.
Alternatively, if your employer has breached an implied term (such as the need to treat you fairly), this will be sufficient for a resignation on grounds of constructive termination. In addition, if your employer has breached the last straw doctrine, this will be sufficient to trigger a resignation on grounds of constructive dismissal.
Once you have finished the letter, you should ensure that it is signed and dated by the person receiving it. It is also a good idea to copy the letter to your HR department, or to any other people who may be responsible for your work situation. Finally, it is worth stating your final date of employment, as this will make it easier for the company to do any necessary admin to close out your file.
