The way you resign from your employment could be vital if you feel that you might have a constructive dismissal claim with your employer so it’s important that you follow this simple, straight-forward advice.

Resigning from your current employment because you have a new job to go to is relatively straightforward, but in case you need some help with your resignation letter, here is an resignation sample letter you could use.

If however you feel that you need to resign because the company has fundamentally breached your contract and has left you with no alternative, then YOU MUST CONTINUE READING, as you may have a claim for Constructive Dismissal.

Resigning because of the way you are being treated

If you feel that you need to leave the company you work for because they have committed a breach of your contract, and that resignation is your only course of action, then it is essential that you resign properly to maximise any opportunity to get compensation (as long as you have worked there for over 2 years then you could have a case for compensation for any loss – i.e. loss of salary etc).
There are three key points to consider when drafting your resignation letter;

  1. It is important that in your resignation letter you clearly outline your reason for leaving, setting out the act or omission by your company that you allege is in breach of your contract (this may be an actual or anticipatory breach but must be sufficiently serious to justify your resignation).
  2. You must confirm that you are resigning in response to the breach.
  3. You must not delay too long in resigning as a result of the breach as the company may argue that you have accepted or “affirmed” the breach, and that in doing so the breach was not sufficiently serious to warrant your resignation – this can make it much more difficult to bring a claim.

Even if you use our sample resignation template we would always recommend that you contact us before you resign, to discuss the situation through. If you resign for a reason that is not a fundamental breach, then you will not have any claim. In these circumstances we can advise you on alternative options to try to resolve any issues, which may begin with raising a formal grievance. If there has been a fundamental breach then the resignation letter could make or break any potential claim, and we are always happy to review any resignation letter before you submit this to the company.

If you need any specific or further advice then do not hesitate to use the contact form on the right to get in touch with us and an employment solicitor will be in touch with you very soon to discuss your situation.

how to resign from your job


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