Constructive Dismissal — Fire & Rehire Letter: Free Template and What to Include

If you need to resign citing fundamental breach of contract due to imposed new terms, 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 — fire & rehire should include.

What this letter needs to cover

• State clearly that you are resigning in response to your employer's fundamental breach of contract and treat this as constructive dismissal
• Reference the specific changes being imposed
• Preserve the right to bring a tribunal claim

When imposed contract changes justify resignation

If your employer unilaterally imposes significant new contract terms without your agreement — reduced pay, changed hours, or other detrimental changes — this can amount to a fundamental breach of contract, potentially entitling you to resign and claim constructive dismissal, similar to other breach scenarios but specifically arising from fire and rehire tactics.

What to include before you send it

• The specific new terms imposed and how they differ from your original contract
• A clear statement that you consider this a fundamental breach of contract
• Confirmation that you're resigning specifically because of this breach
• A statement that you reserve the right to bring an Employment Tribunal claim

Why acting promptly matters even more here

As with any constructive dismissal, delaying your resignation after imposed changes take effect can be seen as accepting the new terms, which seriously weakens a claim. If you're considering this route, it's worth acting decisively once the change is actually imposed, rather than continuing to work under the new terms for an extended period.

Frequently Asked Questions

Do I need to try to resolve this informally first?
It's often worth raising a formal objection or grievance first if time allows, since this strengthens your position, but where the breach is severe and clear, resignation without this step can still be justified.

Could the Code of Practice on fire and rehire help my case?
Yes — if your employer failed to follow the statutory Code of Practice properly, this can support your claim and potentially increase any compensation awarded.

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

Dear [Name],

Subject: Resignation – constructive dismissal

I am resigning from my job as [Job Title]. My last day will be [Date].

I am resigning because of the company's fundamental breach of my contract. The company has imposed [or: is forcing through] worse terms by threatening to dismiss and re-engage me ("fire and rehire").

The changes I do not accept:
• [e.g. basic pay cut from £35,000 to £31,000]
• [e.g. weekly hours increased from 37.5 to 40 with no extra pay]
• [e.g. health insurance removed]

This breaches my contract, including the implied term of mutual trust and confidence. [Great Britain: The company has not consulted properly or followed the statutory Code of Practice on Dismissal and Re-engagement.]

I treat this as constructive dismissal. I reserve my right to bring a claim to an employment tribunal [Northern Ireland: industrial tribunal], and I am seeking legal advice.

Please pay my final salary, including any holiday I have built up but not taken, on the next normal payday.

Yours sincerely,

[Your Signature]
[Your Printed Name]