Constructive dismissal letter template

[Your Address]

[Name of the person to whom resignation is addressed]

[Their position]

[Organisation name]

[Address]

[Date]

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 organisation] with immediate effect.  Please accept this as my formal letter of resignation and a 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.         a fundamental breach of contract; this can be a breach of an express term or breach of an implied term (e.g. your employer changed your job significantly or subjected you to undue/disproportionate/harsh treatment. This can also entail not carrying out grievance procedures in line with your contract and/or discriminating against you because of your age/race/sex/disability/caste/religion/belief/gender reassignment/marriage/civil partnership/pregnancy/maternity/sexual orientation);

b.         anticipated breach of contract; this is when your employer has informed you of ‘an action’ in definite terms (e.g. you will be subjected to a grievance procedure that is not part of your contract or agreed working condition effective from a certain date);

c.         breach of trust and confidence (e.g. your employer has acted in a manner that damages your reputation and/or career prospects);

d.         last straw doctrine (e.g. your employer has subjected you to abusive treatment and/or acted in breach of contract on numerous occasions in the past, thus resulting in your employer acting in breach of contract and although you waived your employer’s breach in the past, you are no longer willing to do so.  The final act of your employer need not be significant but should have some connection with the past treatment/breach of contract by your employer).

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.

Yours sincerely,

[Your signature]

[Your full name]

What is constructive dismissal?

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.

Why should you send a constructive dismissal letter?

Sending a formal letter when resigning due to constructive dismissal is crucial. This letter is important to document 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.

Who should you send a constructive dismissal letter to?

This type of 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.

How much detail do you need to go into in a constructive dismissal letter?

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.

Getting some professional advice about constructive dismissal

If you would like to speak to an employment law specialist in London about constructive dismissal in more detail, do not hesitate to contact our team at Nationwide Employment Lawyers. We can answer any questions you may have about the constructive dismissal process and provide you with some legal advice regarding what you should do to ensure you are fully complying with the ACAS Code of Practice on Discipline and Grievance Procedures. We provide an extremely high standard of service and we can also assist you should you decide to take a claim to the Employment Tribunal. Our employment law solicitors are committed to achieving the best possible results for our clients and we will represent you from beginning to
end. Do not hesitate to contact us to find out more.