Constructive Dismissal Letter Sample

A constructive dismissal letter is a document written by an employee in response to their employer breaching their employment contract. The letter outlines the specific details of the employer’s breach and why the employee feels they have no choice but to resign their position as a result of this serious breach. The letter is intended to be sent to an employer and should be kept in the event that it is needed as evidence for a Tribunal claim.

There are many instances where an employee’s rights may be infringed upon. However, for an employee to be able to successfully claim constructive dismissal, the specific incident or incidents must amount to a fundamental breach of contract. This breach can be a repudiatory breach of an express term in the employment contract (such as a breach of pay) or it could be a breach of an implied term of trust and confidence (such as a breach of harassment).

The circumstances which must have arisen to give rise to the right to claim constructive dismissal will vary depending on your own personal circumstances. Examples of these would include:

What is a Constructive Dismissal Letter Sample?

Changing working conditions. This could involve increasing your workload to such a degree that you can’t cope with it, making changes to your shifts so that it is not possible for you to work the required hours or moving your office location. Demotions can also be a cause for constructive dismissal, for example if your employer demoted you because they feel that you are no longer suited to the role.

It is important to note that it is only around 5% of claims for constructive termination that succeed in an Employment Tribunal. To be successful, you must prove that you suffered a breach of contract by your employer and that this breach made it impossible for you to continue working.

The best way to start is by clearly stating your name and address at the beginning of your letter. This is important as it will help to avoid any misunderstandings about who the letter is being sent to. It is also a good idea to add the date at which the letter is being sent.

After identifying yourself and providing your contact details, you should outline the specific incident or incidents that have led to your decision to resign. You should do this in as much detail as possible so that the reader can fully understand your situation.

You must then explain why you believe that the behaviour of your employer amounts to a serious breach of contract. In this section, you should provide any evidence that supports your claims, including any written correspondence from the employer in question and any statements by colleagues.

It is essential that you provide as much detail as possible in your letter, particularly if it is going to be used as evidence for a Tribunal case. You should also keep a copy of the letter for yourself, as it is likely that your employment law solicitor will ask for this before giving you legal advice.