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constructive dismissal is where you as the employee resigns from working with the employer due to the fact that you feel and find it impossible to remain working under the practices and treatment of the employer
While there will have been no actual dismissal by the employer, where the employer has acted so poorly or where their conduct has fallen so far short of the required standards that an employee feels unable to continue to work for them, the employee may be able to regard themselves as having been dismissed as a consequence of that conduct.
For your resignation to qualify as constructive dismissal, you must demonstrate that the breach was sufficiently serious to justify termination of the employment contract, and that the employer’s conduct directly resulted in your resignation.
You must inform the employer when you resign the reasons for doing so. Failure to document the reasons for your resignation can lead to an adverse inference being drawn against you at a later date in any employment tribunal claim.
This could mean that an employment tribunal may be more likely to accept a defence argument that your employer’s conduct was not the true reason for your resignation.
The resignation letter should be used as formal notification of your reasons for resigning.
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