Resignation in response to the breach

To succeed in a claim for constructive dismissal, the resignation must be in response to the breach. It is important to spell out clearly, in any resignation letter, the link between the serious breach of contract and the decision to resign. Waiting too long before resigning can be fatal to a claim of constructive dismissal (see “Affirmation of contract” below).

The fundamental breach of contract must be one reason for resigning, but it need not be the only reason (Ishaq v Royal Mail Group [2017] UKEAT 0156/16). However, if a tribunal concludes that the employee would probably have resigned anyway, even if the employer had not behaved badly, any compensation is likely to be significantly reduced (Wright v North Ayrshire Council [2013] UKEAT 0017/13).