Constructive Dismissal Resignation Letter (UK)
A constructive dismissal resignation letter is used when an employer's fundamental breach of contract forces you to resign under UK employment law. This guide explains when it applies, how to protect your legal rights, and what to include.
Important Legal Warning
Constructive dismissal claims are complex. Seek employment law advice before resigning if you intend to pursue this. Resigning prematurely can harm your claim.
Generate Letter (After Legal Advice)What is constructive dismissal?
Constructive dismissal occurs when an employer's conduct breaches your employment contract so fundamentally that you're entitled to resign and claim you were dismissed. Key situations include:
- •Serious demotion or pay cut: Unilateral reduction in salary, status, or responsibilities without agreement
- •Harassment or bullying: Persistent mistreatment that your employer fails to address
- •Dangerous working conditions: Employer ignoring health and safety obligations
- •Failure to pay wages: Non-payment or significant delays without valid reason
- •Breach of trust: Employer's conduct destroys the employment relationship (e.g., false accusations)
- •Forced illegal activity: Being required to do something unlawful
According to ACAS, constructive dismissal requires a fundamental breach of contract by the employer, and you must resign in response to that breach (not for another reason).
Things to consider before claiming constructive dismissal
Seek legal advice first
Constructive dismissal claims have a low success rate (around 5-10% succeed at tribunal). An employment solicitor can assess whether you have a strong case, advise on evidence needed, and help you navigate the process correctly.
Exhaust internal procedures
You must raise the issue with your employer through grievance procedures before resigning. Tribunals expect you to give your employer the chance to fix the problem. Failure to do so may weaken your claim significantly.
Document everything thoroughly
Keep detailed records: dates, times, witnesses, emails, and all communications. Document how the employer's actions breached your contract and affected you. This evidence is crucial for any tribunal claim.
Don't delay resignation
If you continue working normally for too long after the breach, tribunals may decide you've "affirmed" the contract and accepted the breach. Generally, you should resign within a few weeks of the fundamental breach occurring or being discovered.
Two-year service requirement
To bring an unfair dismissal claim (which constructive dismissal falls under), you generally need two years' continuous employment. Exceptions exist for discrimination or whistleblowing cases. Check your eligibility before proceeding.
Financial preparation
Employment tribunal claims can take 6-18 months. You won't receive pay during this time unless you find new work. Consider your financial position carefully, and note that even if successful, compensation has statutory limits (around £115,115 maximum for unfair dismissal in 2026).
The burden of proof
You must prove the employer fundamentally breached your contract and that this breach caused your resignation. Minor grievances or personality conflicts rarely meet this threshold. The breach must go to the heart of the employment relationship.
What to include in your resignation letter
Your constructive dismissal resignation letter is a legal document. Be precise and professional:
- 1.State you're resigning: Clearly state your resignation and final working date
- 2.Cite fundamental breach: Specify that you're resigning due to fundamental breach of contract by the employer
- 3.Reference specific breaches: Briefly outline the key breach(es) without excessive detail or emotion
- 4.State constructive dismissal: Clearly state you consider yourself constructively dismissed
- 5.Reserve your rights: Include "I reserve all my rights in relation to this matter"
- 6.Keep it factual: Avoid emotional language, insults, or threats
- 7.Keep a copy: This letter is evidence for your tribunal claim
Critical Note
Your resignation letter establishes your case. Have it reviewed by a solicitor before sending. Poorly worded letters can doom strong claims.
Frequently Asked Questions
Related Information
Seek Legal Advice First
Constructive dismissal claims are complex. Get professional guidance before proceeding.