Constructive Dismissal Resignation Letter: Free Template and What to Include

If you need to resign citing fundamental breach of contract by employer, a written letter is the recommended first step — it creates a clear record and shows you're pursuing the matter formally. Below is what a strong constructive dismissal resignation should include.

What this letter needs to cover

• Clearly state this is a resignation in response to a fundamental breach of contract
• Identify the specific breach
• State this is being treated as constructive dismissal
• Reserve all employment tribunal rights
• Reference ACAS Early Conciliation requirement

What makes a resignation a constructive dismissal claim

Constructive dismissal isn't simply resigning because you're unhappy at work — it requires your employer to have committed a fundamental breach of contract serious enough that you're entitled to treat the contract as ended and leave without notice. This could be a single serious event, or a pattern of conduct that cumulatively breaches the implied term of trust and confidence between employer and employee.

What to include before you send it

• A clear, factual description of the breach or pattern of conduct you're relying on
• Confirmation that you're resigning specifically because of this breach, not for unrelated reasons
• Your last working day, calculated appropriately given you're not required to work your notice period in a genuine constructive dismissal
• A statement that you reserve the right to bring a tribunal claim

Why timing matters so much

You generally need to resign reasonably promptly after the breach — waiting too long, or continuing to work normally for an extended period afterwards, can be treated as "affirming" the contract, which can seriously undermine a constructive dismissal claim. This doesn't mean you need to resign the same day, but delaying without good reason is risky.

Frequently Asked Questions

Do I need to raise a grievance before resigning?
It's not always a strict legal requirement, but raising a grievance first can strengthen your position by showing you gave your employer a chance to address the issue — though in cases of a single very serious breach, immediate resignation may be justified.

What compensation could I claim?
If successful, a constructive dismissal claim is treated similarly to an unfair dismissal claim for compensation purposes, though outcomes depend heavily on the specific facts and evidence.

[Your Name]
[Your Address]
[Your Postcode]
[Your Phone Number]
[Your Email Address]
[Name of Contact / HR Manager]
[Company Name]
[Company Address]
[Company Postcode]
[Date]

Dear [Name of Contact / HR Manager],

Subject: Resignation – Constructive Dismissal

Please accept this letter as formal notice that I am resigning from my position as [Your Job Title] with immediate effect.

I am resigning without notice because of the company's fundamental breach of my employment contract. The company's actions have destroyed the implied term of mutual trust and confidence between us, and I am treating myself as constructively dismissed.

The breach is [choose one: a serious single incident / a series of incidents ending with a 'last straw' event], as set out below:
• [Date or period] – [e.g. The company did not pay my agreed bonus for three months in a row.]
• [Date or period] – [e.g. I was bullied by my line manager and, although I raised a formal grievance on [Date], it was not investigated.]
• [Date of the 'last straw', if it applies] – [e.g. On [Date], my manager removed all my supervisory duties in front of my team.]

I reserve all my rights to bring a claim to an employment tribunal [in Northern Ireland: an industrial tribunal], including for constructive unfair dismissal. I understand I must contact Acas [in Northern Ireland: the Labour Relations Agency] for early conciliation before making a claim.

Please pay my final salary, including any accrued but untaken holiday pay, up to today, and send me my P45 and written details of my final payment.

Yours sincerely,

[Your Signature]
[Your Printed Name]