What is Constructive Dismissal and how should I protect myself in this situation?

Constructive dismissal is an involuntary resignation due to an employer’s behaviour, which is considered to be a serious breach of an employee’s contract or a violation of an employee’s rights. This type of dismissal is referred to as “constructive” because it is not the employee’s own decision, but the result of the employer’s actions or inactions. You can find out more about constructive dismissal here.

Sending a formal letter when resigning due to constructive dismissal is crucial. In this letter it is important to record your reasons for leaving and to provide evidence of the circumstances that led to your resignation. It also serves to protect your rights to pursue legal action against your employer if necessary. The constructive dismissal letter will likely be used as evidence should you decide to take a case to the Employment Tribunal too.

This letter is also an opportunity for you to finalise any practical matters before leaving, such as any expenses owed or belongings that need returning. Ideally, you should keep the letter as factual as possible and avoid using any emotive language.

Your letter should be sent to your employer, however, if you work for a large organisation and have no direct contact with your employer, a constructive dismissal letter can be sent to your immediate supervisor/manager/boss instead. It is highly recommended that if the organisation you work for has a HR department, they are also sent a copy of the letter or CC’d into any emails regarding the letter.

In addition to sending the letter to your employer, you should also keep a copy of the letter yourself. As mentioned above, this letter will often become evidence in an Employment Tribunal case and an employment law solicitor will likely ask for a copy before providing legal advice.

When writing a constructive dismissal letter to your employer, it is advisable to give them a clear reason for your resignation. You do not need to go into a lot of detail about the events leading up to the resignation, but you should ensure that you state whether you are resigning due to a fundamental breach of contract, anticipated breach of contract, breach of trust and confidence or last straw doctrine. Ensure you state which date you are resigning too.

Upon receiving your letter, your employer may schedule a meeting with you to discuss the matter in more detail. During this meeting, you can provide any relevant evidence that supports your claim of constructive dismissal. Sometimes, a meeting will not be required if you and your employer mutually decide to progress without one.

If you would like further help then book a coaching call with us and we can walk you through the steps to writing the letter and discuss any potential claim you may have in the Employment Tribunal.

Support Call

30

Book Now