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.

The fundamental breach of contract should be the main reason for resigning. This is because if, as a practical matter, a tribunal concludes that the employee would probably have left anyway even if the employer had not behaved badly, any compensation for future lost earnings will be significantly reduced (Wright v North Ayrshire Council [2013] UKEAT 0017/13/2706) (see Compensation, page 315).