Constructive Dismissal: Resignation Letter Guide
Your employer created intolerable working conditions forcing you to resign. You can claim constructive dismissal at tribunal. Learn the legal test and how to resign properly.
Quick Answer: Your employer must have breached a fundamental term of the contract (trust, respect, safety). You must resign in response and claim within 3 months of resignation. Test: would a reasonable person resign? Western Excavating v Sharp [1978] sets the legal standard. Most cases succeed with evidence of harassment, discrimination, or serious safety breach.
What Counts as Constructive Dismissal?
Employer breaches an implied term of the employment contract: trust and confidence, safety, proper management, dignity. Examples: severe harassment, discrimination, deliberately humiliating tasks, safety failures, unexplained demotion, serious contract breach.
Western Excavating v Sharp [1978] Legal Test
The employer must have: (1) committed a serious breach of contract, (2) made it obvious they no longer intended to honor the contract, (3) forced you to resign in response. The breach must be so serious a reasonable person would resign.
Step-by-Step: How to Resign and Claim
- Document everything: keep records of harassment, incidents, dates, witnesses, emails.
- Resign in writing: "I am resigning under protest due to constructive dismissal by [reason: harassment, safety, discrimination]."
- Within 3 months of resignation, claim to an employment tribunal (free to submit online).
- Provide all evidence and witnesses.
- Tribunal hearing (you can represent yourself). If tribunal agrees, you get compensation for lost earnings and injury to feelings.