Sample resignation letter constructive dismissal (5)
In this guide, we will discuss what a constructive dismissal is, see some Sample resignation letters for constructive dismissal, and how you could write a sample resignation letter constructive dismissal.
Constructive Discharge Resignation Letter
A constructive discharge resignation letter might contain a message like the following: “Dear Mr. Riddle, Due to constructive discharge tactics used regularly by my supervisor, I am forced to resign my position with Peat Corporation effective immediately. The conditions created by my supervisor have become so unbearable that I am unable to execute my duties and I also fear for my safety.”
Sample resignation letter constructive dismissal
Sample resignation letters for constructive dismissal should not be taken lightly, even if you consider that resigning from your job and letting your employer know, is the best option for you.
A constructive discharge or constructive dismissal can be confusing since it involves the term “dismissal” but this doesn’t actually involve dismissing an employee at all.
However, it is considered a type of unfair dismissal claim where an employee resigns in response to something their employer has or hasn’t done, related to the employment contract.
As Spring House Law indicates, “Simply put, constructive dismissal occurs when an employee feels that their employer has acted so badly, that they can no longer feasibly continue to work for them.”
What should a constructive dismissal resignation letter contain?
When you are writing your constructive dismissal resignation letter, it is important to be clear about the reasons for reaching your decision.
Your letter should contain the following:
- Clearly state your intention for resigning in response to a serious breach of your contract.
- Describe why or the reasons why you are resigning and that your resignation is a direct result of these reasons.
- A clear statement that as a consequence of your employer’s conduct you consider your position at work to be untenable, leaving you with no other option but to resign.
- Where relevant, clearly outline any grievance procedure that you have followed (i.e. complaint letter), including why you are unhappy with how the situation was handled.
- The notice period you are giving your employer, including the last day of your employment. Make sure you follow the procedures and respect the notice period your company has to avoid waiving any breach.
- Practical matters that are relevant to you (i.e. salary or expenses).
- Sign and date your letter.
What constitutes constructive unfair dismissal?
Here is a list that includes some of the reasons that constitute constructive unfair dismissal (hattonjameslegal.co.uk):
- Not paying an employee their salary.
- Changing an employee’s conditions of their employment contract without discussing or without notice such as shifts or schedules, which an employee is either forced to accept to leave.
- Bullying at the workplace.
- Subjecting an employee to disciplinary proceedings without apparent reasons.
- Other behaviors, which caselaw may have adjudicated on in previous cases.
Am I entitled to compensation?
According to Hatton James Legal: “As our page on compensation for unfair dismissal sets out, for the breach of contract claim you would be entitled to your net pay and the value of any benefits that you would have received had you worked through your notice period.”
They add, “The employment tribunal will consider whether your dismissal was fair or unfair and in doing so will look at a range of factors including whether your employer acted reasonably.”
They explain how if your claim for constructive dismissal is successful, you will be entitled to a basic award calculated on the basis of your age, salary, and length of service.
Moreover, the tribunal can award you compensation (discretionary) for any loss flowing from the dismissal up to a maximum of a year’s salary, taking consideration of the loss of earnings from the date of termination of your employment.
“What follows is drafting for a suggested resignation letter. It is intended to be an illustration only. Any actual resignation letter will need to be carefully tailored to fit the particular circumstances of the case. No two cases of constructive dismissal will be exactly the same.
Dear [Name of [HR] Manager]
I am writing to confirm my resignation from the post of xxxx. [In accordance with my contract dated X, I am giving you X weeks’ notice so that I expect my last day of employment to be [date]]. OR I am resigning with immediate effect from today’s date. [Please arrange for my final payslip and P45, together with any other relevant materials to be sent to my home address.]
Reason for my resignation
You should be aware that I am resigning in response to a repudiatory breach of contract by my employer and I, therefore, consider myself constructively dismissed.
[You rejected my grievance on [DATE] which sets out the basis on which I believe you have seriously breached my contract. As you have not upheld my grievance, I now consider that my position at [name of Company] is untenable and my working conditions intolerable, leaving me no option but to resign in response to your breach.]
[As I previously indicated to you that I was working under protest [until my grievance was resolved] I do not in any way believe I have affirmed or waived your breach.]
[Name of the person to whom resignation is addressed]
Dear Mr/Mrs/Ms/Miss [Surname],
I am writing to inform you that I am resigning from my position of [insert the name of your post within the organization] with immediate effect. Please accept this as my formal letter of resignation and termination of our contract. I feel that I am left with no choice but to resign in light of my recent experiences regarding …[Insert the title of one or more of the following scenarios]
- A fundamental breach of contract.
- Anticipated breach of contract.
- Breach of trust and confidence.
- Last straw doctrine.
I consider this to be a fundamental/unreasonable breach of the contract on your part. I appreciate the time and energy which you have invested in training me and I believe that the skills I have gained will serve me well in the future. I will do my very best to ensure a smooth transition upon my departure and make sure that all the details/information is left available to the person who takes up my position following my departure.
I would be grateful if you could acknowledge this letter at the earliest available opportunity.
[Optional: if you would like me to attend an exit interview then please let me know so that I can make arrangements to do so]
I look forward to hearing from you.
[Your full name]”
“Here is a constructive discharge resignation letter sample from an employee who has become effectively forced out of her position. She writes this letter as an official record of her resignation to due constructive discharge by the employer and remembers to give the effective date, contact information, and assurances that she will try to keep her last weeks of work trouble-free (greatsampleresume.com).
[State, ZIP Code]
[State, ZIP Code]
[Subject: Normally bold, summarizes the intention of the letter] -Optional-
Dear [Recipients Name],
Please treat this letter as my formal resignation.
I have no option but to realign my career decision due to the inadequacy of compensation from the company. My compensation and role differ from my initial contract.
Please acknowledge this letter. I will ensure a smooth transition period until my leaving date.
[Senders Title] -Optional-
[Enclosures: number] – Optional –
cc: [Name of copy recipient] – Optional -”
“Dear Mr. Martin,
I am sending you this letter to inform you of my resignation, which has been necessitated due to constructive discharge tactics from my supervisor. My last day of work will be March 15, 2014, so please accept this letter as my official two weeks’ notice of resignation. I truly regret any inconvenience that my resignation may cause to you or Smith Communications.
I would be happy to put forth as much effort as possible to make this transition an easier one in the next two weeks, including in transferring responsibility or training a replacement. If you would like to discuss this with me further, please feel free to contact me by telephone at (555)-555-5555 or by email at [email] I look forward to hearing from you.
I regret that I must hand in this resignation and will look back fondly on the good times I had at this job. I am grateful for the valuable experience I have gained while working at Smith Communications and feel confident that it will benefit me in all of my future endeavors. I wish you and Smith Communications every success and hope that our paths may cross again someday. Thank you for your understanding.
Brittany L. Glass
Frequently Asked Questions (FAQs)
Can you resign and claim constructive dismissal?
You can resign and claim constructive dismissal if the reason you resign is that your employer’s behavior towards you amounts to a fundamental or very serious breach of the terms and agreements of the contract.
However, in most cases, you will need at least 2 years of continuous employment to bring your claim.
How do I resign due to constructive dismissal?
To resign due to constructive dismissal, there must be a breach of the contract before your resignation is submitted or it won’t be considered a constructive dismissal.
Your resignation letter should include a statement in which you explain how you feel you don’t have any other choice but to resign.
How do I write a letter of resignation for constructive discharge?
If you want to write a letter of resignation for constructive discharge, make sure it is written in a formal language which includes a brief statement of your resignation with the exact effective date, your contact details, and a thank you statement for the experience earned (optional).
What compensation can I get for constructive dismissal?
The compensatory award you can get for constructive dismissal (not to be confused with unfair dismissal/wrongful dismissal) is the calculation of the money you have lost as a result of the constructive dismissal.
“This is capped at a maximum of 1 year’s salary, or £80,541 (the current statutory cap – as in October 2017), whichever is the lower (Truthlegal.com).”
What are the signs of constructive dismissal?
The signs of a constructive dismissal could include:
– Being suddenly demoted for no apparent reason.
– Being bullied or discriminated against by either your employer or colleagues.
– Changing your schedule or place of work without having a formal discussion and without having the contractual rights to do so.
Power, B. (2019, Oct.) Letter of Resignation for constructive dismissal. Retrieved from Springhouselaw.com.
Natemplaw.co.uk: “Constructive dismissal letter template”
Hattonjameslegal.co.uk: “Constructive Dismissal”
Letterspro.com: “Constructive dismissal letter”
Greatsampleresume.com: “Constructive Discharge Resignation Letter”