Resignation must be 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 contract breach and the decision to resign.

In theory, the fundamental contract breach need not be the only reason for the resignation. However, if it is not the main reason for resigning, any compensation is likely to be much reduced (even to zero), as a tribunal is likely to conclude that the employee would have resigned anyway since they had other reasons for wanting to leave (Wright v North Ayrshire Council [2013] UKEAT 0017/13/2706).