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. If a tribunal concludes that the employee may have resigned anyway, even if the employer had not behaved badly, this is likely to reduce significantly the amount of any compensation, perhaps even to zero (Wright v North Ayrshire Council [2013] UKEAT 0017/13/2706) (see Compensation, below).