Constructive Dismissal Letter Sample

An employee can claim constructive dismissal if they feel that their employer has broken their employment contract by making their working life so unbearable that they are left with no choice but to resign. If an employee can successfully prove that they have been constructively dismissed, they may be entitled to damages including severance pay, loss of earnings and other benefits. In many cases, this can be a substantial sum of money. Consequently, it is important for employees who believe that they have been constructively dismissed to seek legal advice as soon as possible as there are strict time limits to take action.

The first step in a constructive dismissal case is for the employee to write a letter explaining what has happened and why they feel they can no longer continue in their role. This letter is often used to support an application to an Employment Tribunal.

This letter should be addressed to the employer and dated. The first paragraph should explain the employee’s name and details of their job. The body of the letter should outline what the employer has done to make their working life unmanageable and why they believe that it constitutes a breach of contract and/or detriment of confidence. The letter should then state that the employee has decided to resign and that they are claiming constructive dismissal.

What is a Constructive Dismissal Letter Sample?

It is vital that the letter is written as soon as reasonably possible after the employer has committed a fundamental breach. Any delay could be taken as an affirmation of the situation by an employment tribunal and therefore undermine any claim for constructive dismissal lawyer near me. It is also crucial that the employee leaves as quickly as is reasonable in the circumstances. This is particularly true where there has been a series of breaches. It would be inappropriate to wait until the final breach before taking action as any delay could be seen as an acceptance of the situation by the employee.

There are various factors that determine whether or not an employer’s conduct is a breach of contract and/or detriment. These include the severity of the breach and the amount of deliberation behind the behaviour. For example, if an employer takes action that is a breach of contract but it is not serious or the employer has not shown much deliberation over the matter then the conduct is unlikely to be a breach of contract.

Another factor that needs to be considered is the employee’s subjective view of what has occurred. An objective view of the situation is required to assess whether or not it is a breach of contract and/or a detriment.

A further factor is that the change has to be a significant one. Although every case is different, a small reduction in salary or administrative suspensions are unlikely to be construed as a breach of contract or a detriment. It is also necessary for the employee to have evidence of the breach/detriment. This could be in the form of photographs, emails or written documents. The more evidence that the employee has, the stronger their case will be.