Resignation and Constructive Dismissal

If you’ve decided that it’s time to move on from your job – make sure you do it in the right way. Consider why you are leaving and never resign while you’re feeling angry or emotional.

Give your employer proper notice. The length of time you need to work will be stipulated in your employment contract and is legally binding. Also, hand over your work properly – remember, your colleagues could be helpful in your future career moves.

Your new employer will want a good reference from your current employer. While they can’t say anything bad about you in the reference, they can refuse to give you one, and that can be just as bad.

Resigned but changed your mind about leaving?
Talk to your manager or HR as soon as possible and explain your situation. However, your employer is not under any obligation to accept your retraction.

Constructive dismissal
If you are being forced to resign from your job because your employer has acted against the terms of your employment, you may have a case for constructive dismissal.

For a constructive dismissal claim to be successful, your reason for leaving must be serious and could include:

• Not being paid or being paid reduced pay
• Being forced to work against health and safety guidelines
• Unfounded allegations of poor performance
• Being demoted without reason
• Major changes to your work pattern
• Failing to make reasonable adjustments if you are disabled
• Being bullied, suffering harassment or intimidation

Before leaving, you should lodge a grievance with your employer to give them the opportunity to resolve the dispute – even if you have no intentions of staying in the job.

To be able to claim constructive dismissal, you must have worked for your employer for at least 23 months and 3 weeks. If you are leaving because of discrimination, there is no minimum period of employment.

WE STRONGLY RECOMMEND THAT YOU TAKE PROFESSIONAL ADVICE BEFORE YOU RESIGN.

For a constructive dismissal claim to be successful your reason for leaving must be serious and could include:

• Not being paid or being paid reduced pay
• Being forced to work against health and safety guidelines
• Unfounded allegations of poor performance
• Being demoted without reason
• Major changes to your work pattern
• Failing to make reasonable adjustments if you are disabled
• Being bullied, suffering harassment or intimidation

Before leaving, you should lodge a grievance with your employer to give them the opportunity to resolve the dispute – even if you have no intentions of staying in the job.

If you have a clear case for constructive dismissal, you should leave your job immediately. By staying, you run the risk of being seen to accept the treatment or conditions.

Already left your job?

You must make a claim for constructive dismissal within 3 months of leaving.

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How we can help

Our expert team of employment law specialists are on hand to give you all the guidance and support you need to be able to deal with resignation or constructive dismissal issues effectively, and to your own advantage.

If you would like more information or just want a confidential, no obligation chat about your options, contact our highly experienced team today.

Get in touch today